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COPYRIGHT DEPOSIT. 



Federal Government 



AN ELEMENTARY TREATISE 
ON THE CIVIL GOVERNMENT 
OF THE UNITED STATES. 



BY 



DONALD L. MORRILL, A, M. 



CHICAGO 

SCOTT, FORESMAN AND COMPANY 

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THE LIBRARY OF 
CONGRESS, 

Two Copies Received 

AUG 29 1903 

Copyright Entry 

LASS OL XX& No 

COPY B, 









Copyright, 1903, by Donald L. Morrill. 



d. i.a.w co., i»axjv'rB.ns asc BiNcaEa, oaicaoo. 



PREFACE. 

This book is for the use of students who are sufficiently 
advanced to take up the study of United States history. It 
should be used in the higher grades of the elementary 
schools, or the first year of the high school, or both, ac- 
cording to the course of study pursued. 

It has been the author's aim to furnish aid to students 
commencing the study of our national political institutions. 
Therefore, definite and specific information is given as to 
the essential features of the Federal system, derived from 
sources not readily accessible to either teacher or pupil. 
No attempt has been made to analyze the provisions of the 
Federal Constitution, or to present controversies as to its 
construction, but there has been an endeavor to show the 
actual working of our national government, and to de- 
scribe the same in a manner which can be comprehended 
by beginners. 

If this volume proves to be of assistance to those who 
are eager to know the duties of citizenship, and a help to 
teachers in presenting to their pupils correct information as 
to the principles upon which our government is based, and 
the method in which they are applied in all departments, 
the author will feel that his labors have Deen amply re- 
warded. 

Chicago, August i, 1903. 



CONTENTS, 



PART I. 
Government of the United States. 

CHAPTER I. page. 

Origin and Necessity of Government, i 

How Governments Commenced — What Government Means 

— Laws and Their Objects — Early Forms of Government 

— Surrender of Personal Rights— The Family, Clan, and 
Tribe — Freedom — Development of Government. 

CHAPTER II. 

Different Forms of Government, .8 

Definition of Civil Government — Tribal Government — Ab- 
solute Monarchy — Oligarchy — Ancient Republics — Con- 
stitutional or Limited Monarchies — The Modern Republic 

— Government by Consent of the Governed — Popular 
Governments. 

CHAPTER III. 

Distinctive Features of Our Government, . . . .17 
General Application of the Principles of Popular Government 

— Government by Representation — Its Origin and Devel- 
opment — Public Office a Public Trust — Written Constitu- 
tions — Three Branches of Government, Legislative, 
Judicial, and Executive — Division of Powers between 
National, State, and Municipal Governments — Principles 
Embodied in the Declaration of Independence. 

CHAPTER IV. 

Colonial Governments, 28 

Government by Charter — Distinction between Charter and 
Constitution — Origin of Charter Government — Magna 
Charta — Royal Colonies — Charter Colonies — Proprietary 
Colonies — Political Status of the Colonies. 

(IX.) 



x FEDERAL AND STATE GOVERNMENT 

CHAPTER V. page. 

Formation of the American Union 37 

Early Attempts at Union — The Albany Convention — 
Stamp Act Congress — Obnoxious Acts of Parliament — 
First Continental Congress — Second Continental Con- 
gress — The United Colonies — Articles of Confederation — 
Their Defects — Condition of the Country — The Constitu- 
tional Convention — Its Proceedings — Adoption of the 
Constitution — Madison's Journal — Ratification. 

CHAPTER VI. 

Outline of the Federal Government, . . . . .49 
The Preamble — Division of Governmental Powers— Legis- 
lative Powers — Congress — Senators and Representatives 

— Their Qualifications and Election — The Executive 
Power — President and Vice-President — Presidential Suc- 
cession — Election of President and Vice-President — The 
Electoral College — Duties of the Executive — The Judi- 
cial Department — Jurisdiction of United States Courts — 
Treason, 

CHAPTER VII. 

The Powers of Congress 56 

Taxation — Different Kinds of Taxes — Borrowing Money — 
Regulation of Commerce — Interstate Commerce — Coin- 
ing Money — Different Kinds of Money — National Banks 

— Patents and Copyrights — Bankruptcy — Naturalization 

— Territorial Government — Madison's Classification of the 
Powers of Congress. 

CHAPTER VIII. 

The Executive Department, 69 

Scope of the Department — Powers and Duties of the Presi- 
dent — Commander - in - Chief — Opinions of Executive 
Officers — Pardons and Reprieves — Making Treaties — 
The Diplomatic Service — Presidential Appointments — 
Messages — Impeachment. 

CHAPTER IX. 

Branches of the Executive Department, . . . .78 

The President's Cabinet — Organization of the Departments 
— Appointing Power — Civil Service Law and Commis- 
sion — State Department — Treasury Department and Its 
Officers — War Department and Its Bureaus — United 
States Army — Navy — Interior— General Land Office — 
Pensions — Post Office — Justice — Agriculture — Weather 
Bureau — Commerce and Labor — Government Printing 
Office. 



CONTENTS - xi 

CHAPTER X. page. 

The Federal Judiciary, 93 

Its History — The Judicial System Outlined — The Supreme 
Court — Its Jurisdiction and Organization — District 
Courts — Circuit Courts — Circuit Court of Appeals — 
Courts of District of Columbia — Territorial Courts — 
Court of Claims. 

CHAPTER XI. 

Amendments to the Constitution, 102 

Constitutional Provisions — Methods of Amending — First 
Ten Amendments — Bill of Rights — Eleventh Amend- 
ment — Chisholm vs. State of Georgia — Twelfth Amend- 
ment — Its History — Thirteenth, Fourteenth, and Fif- 
teenth Amendments and Reasons for Their Adoption. 

CHAPTER XII. 

Politics in a Democracy, no 

Definition of Politics — What is a Politician — Political Par- 
ties — Their Origin — Hamilton's Recommendations — Op- 
position to Them — Federalists and Republicans — Whigs 
and Democrats — Present Party Names — Committees — 
Nominating Conventions — Caucuses and Primaries. 



PART I. 

Federal Government. 



chapter i. 

ORIGIN AND NECESSITY OF GOVERNMENT. 

Probably the only man of whom we have any record, who 
did not feel the necessity of some form of government, was 
the children's friend, Robinson Crusoe, when he was alone 
upon his desert island before the advent of his savage vis- 
itors bringing with them the future companion of his exile. 
So it would be in all cases if men lived alone, separate and 
apart from their fellow-beings, and had no relations with 
them of a social, civil or commercial character. But such is 
not the nature of mankind. From the earliest time recorded 
in history, men have been accustomed to seek the compan- 
ionship of their fellow-beings, and from the moment that the 
association of human beings commences, the necessity for 
some form of government appears. 

Government Defined. — Government may be defined as 
the control exercised by the supreme or sovereign power of 
the State over individuals for the benefit of all under its 
charge. This control is exercised by means of laws, and a 
law is defined by Sir William Blackstone as a rule of conduct 
commanding what is right and forbidding what is wrong. 
The necessity for the existence of some supreme power in 
the State becomes apparent when we consider the results 
which would follow from allowing each individual to do or 



2 FEDERAL GOVERNMENT 

refrain from doing exactly as he pleases. In such a case the 
weak would have no protection from the strong and the 
individual would have no assurance of being allowed to en- 
joy the fruits of his own labor. 

Hence for the common good of all, each individual has 
been obliged to yield to the supreme power of the state some 
of the rights and prerogatives which he would possess if in 
a condition of absolute freedom, and has been bound by 
civic regulations restraining and controlling to a certain 
extent the acts of his daily life. 

Government, then, implies control and restraint of the in- 
dividual, and it should therefore be noticed that as the exac- 
tions and requirements of government increase, to that 
extent the freedom of the individual is lost. The only ab- 
solutely free person must be one who lives solitary and apart 
from his fellow-beings, who owes them no duties and re- 
ceives from them no benefits, and who roams at will, ham- 
pered only by the necessity of supplying his own wants. 
Thus the position of an absolutely free man is but little better 
than that of the friendless exile upon the desert island, the 
savage inhabitant of unexplored regions, or the wild beast 
that wanders at large through the wilderness. The over- 
ruling providence, which directs the evolution of the human 
race, never intended that man should live in a state of abso- 
lute and unrestricted freedom, and therefore instincts were 
planted in the human mind leading him to seek associations 
with his fellow-beings, thus rendering necessary the exist- 
ence of some form of government, varying in its details 
according to the condition of the people and their advance- 
ment in civilization. 

It follows that the best and most desirable form of gov- 
ernment is that which interferes least with the freedom of 
the individual, while at the same time possessing sufficient 



ORIGIN OF GOVERNMENT 3 

strength to protect its citizens in their life, liberty and prop- 
erty, to command and compel obedience and to administer 
uniform justice to individuals according to their rights and 
not according to their strength or the audacity of their de- 
mands. It will be found that as mankind has advanced in 
civilization the relations of individuals to each other have 
become more varied and complex, and the restraints im- 
posed by government more numerous. 

The Family. — The first and simplest form of govern- 
ment made necessary by the association of individuals was 
the family. With the formation of the family some portion 
of the freedom of the individual was lost and some restraint 
was placed upon his acts by reason of governmental control. 
The head and sovereign power of the family was the father, 
whose wishes all of the members were obliged to respect, 
and in return for their obedience they received his protection 
and support. As the family increased in age and numbers 
and children of the second and third generations appeared, 
the sovereign power remained vested in the head of the fam- 
ily, who would be the grandfather, or in the case of his death, 
his eldest son. 

The Clan. — In a few generations, by the growth of the 
original family and by its union with others, the ties of im- 
mediate relationship no longer bound the entire community, 
and the association of individuals became a group of fam- 
ilies, called a clan. The government of the family still con- 
tinued, but an additional and somewhat different power had 
of necessity been created, w r hich exercised a control over 
the entire community for the common good of all. To pro- 
tect itself against the aggressions of other clans and compel 
its own members to perform their duties toward each other, 
it was found necessary to have some central authority whom 
all must obey which had the power to call upon all of the 



4 FEDERAL GOVERNMENT 

members of the clan to protect the individual in th<e enjoy- 
ment of his rights. The person selected for this important 
function was the head and leader of the clan and was called 
the chief or by some other term of equivalent meaning. It 
was his duty to prescribe the rules governing the clan ip its 
intercourse with neighbors, to lead the clan in case of war, 
to take measures which would tend to keep his followers 
free from want, and to see that each of his subjects did his 
duty and observed the rights of his fellow-clansmen. 

By this association the individual lost some of his rights, 
but the benefits which he gained were greater than his 
losses, for he was no longer obliged to rely entirely upon 
his own efforts in guarding his flocks, in hunting the wild 
beasts, in erecting his dwelling, or in overcoming his ene- 
mies, but he had the support and assistance of his fellow- 
clansmen in these undertakings. For many centuries the 
only form of government known to mankind was that of the 
clan, which has been described briefly, and which answered 
all of the needs of a simple people, leading a rude and bar- 
baric life. 

The Tribe. — Later, the same impulses and conditions 
being still at work, different clans coming in contact with 
each other, led to a union in various ways, sometimes 
by the intermarriage of children of the chieftains or of the 
subjects, sometimes by the necessity of making common 
cause against an enemy, and sometimes by the interchange 
of the products of such peaceful arts as the people possessed. 
The ordinary term used to designate such a union of clans 
is tribe, whose government was in general similar to that of 
the clan, but necessarily included many additional features 
as the mass of the people increased in numbers and the tribe 
grew in power. 

The tribe, while still leading a more or less nomadic life, 



ORIGIN OF GOVERNMENT 5 

began gradually to have fixed places of abode during cer- 
tain seasons of the year. This made it necessary for the 
chief to prescribe rules concerning the location and manner 
of constructing the rude huts in which the people lived. 
Man was not quite as free as he had been before, because he 
could not fix his dwelling place exactly where he pleased, 
but was compelled to respect the rights of others. If he 
coveted the horse or goat of his neighbor, he could not take 
the animal by virtue of superior strength, because such an 
infraction of private rights would not be tolerated. The 
man who was skillful in the chase was compelled to give some 
of the results of his labor to the artisan who manufactured 
his bow and arrows. Thus society became more complex, 
and the work of government became more diverse ; as man 
became more civilized, the reasons for the existence of a 
government became more numerous, and more and more of 
the daily acts of the individual came under its control. 

Freedom. — From what has been said we conclude that 
the word freedom, as used in the governmental sense, is a 
relative term only. It must not be confused with the term 
license. A free man, as the term is now used, is one who 
has certain well-defined personal rights, such as the right 
to life, liberty and the pursuit of happiness, subject to the 
restriction that he must recognize and respect the same 
rights existing in favor of his fellow-men. A free man must 
not be understood to mean a man who can do exactly what 
he pleases, regardless of the rights of others, but simply as 
the citizen of a state having a free and independent govern- 
ment. A nation whose government recognizes and pro- 
tects the rights of all its members, and which is independent 
of all other nations, is called a free and independent nation. 

Governmental Development. — For many generations 
the only form of government which existed was the tribal 



6 FEDERAL GOVERNMENT 

form, but as men became more civilized they began to live 
in villages, towns and cities, and government began to as- 
sume new aspects and covered a wider range. The chief 
became a king and exercised greater powers. He had in 
his control the life, liberty and property of his subjects. His 
will was the only law of the land, and, while he sometimes 
found it convenient and even necessary to delegate some of 
his powers to others, still he could always revoke these 
powers at will and confer them upon others or exercise them 
himself. Such a form of government is now called an abso- 
lute monarchy or a despotism. 

It was the legitimate outgrowth of the early tribal form 
of government, and, while men were rude and uncivilized, 
probably no better or different form could have been de- 
vised. The king ruled by virtue of his superior strength 
and intelligence, or by reason of his birth or in some cases 
by divine right as it was claimed, and the people obeyed be- 
cause they had not yet learned that they constituted the only 
source of the powers of the government, and that the gov- 
ernment had no just powers except such as it exercised with 
the full consent of the governed. 

It would be interesting to trace, step by step, the evolu- 
tion and growth of the various forms of government that 
have existed, commencing with the tribal, down through the 
different kinds of monarchies, oligarchies and republics of 
ancient and mediaeval times to the constitutional monarchies 
and republics, the most enlightened forms of government 
of our own times, and to show in detail how, as mankind 
advanced in civilization, the science of government has 
developed. For many centuries, governments have been 
changing and progressing in their forms and duties, from 
the time when men were simply roving hunters and herders 
of cattle until they became tillers of the soil and artisans with 



ORIGIN OF GOVERNMENT 7 

fixed places of abode, and until finally they came to engage 
in all of the different branches of commerce, manufacture 
and art which pertain to modern civilized life, but the his- 
tory of these changes and developments furnishes fields for 
study and investigation which must be pursued independ- 
ently. 



CHAPTER II. 

DIFFERENT FORMS OF GOVERNMENT. 

It has been shown already how the tribal form of govern- 
ment originated, and that it is the earliest form of govern- 
ment known to man. It is true that the clan preceded the 
tribe and the family preceded the clan, but family govern- 
ment, as it exists to-day, cannot properly be considered in 
a work of this kind. Our study will deal only with the gov- 
ernment which controls every citizen in common with his 
fellow-citizens with reference to public matters; in other 
words, the civil government under which we live. 

In this chapter, attention will be directed to the various 
forms of civil government, both ancient and modern, that 
the difference between our own government and others may 
be more clearly understood. 

The Tribal Form of Government.— This form of gov- 
ernment still exists in some parts of the world, but it is 
to be found only among uncivilized and uneducated people. 
The American Indians, except in cases where they have 
adopted the habits of civilized life, still live under a tribal 
form of government, but a better illustration is to be found 
among the savage inhabitants of some parts of Asia and 
Africa and the islands of the Pacific Ocean. Little need be 
said concerning this form of government, as it has no writ- 
ten laws and the supreme power is vested in the chief. His 
authority is shown principally by his leadership in time of 
war and his selfish exactions in time of peace. No doubt 

(B) 



DIFFERENT FORMS OF GOVERNMENT 9 

the government of some tribes has been beneficial to the 
people composing them, in cases where the chief has been 
a man of unusual wisdom and actuated by benevolent mo- 
tives, but such instances have been few and governments of 
this kind now exist only among people so rude and barbaric 
that they are incapable of instituting any better system. A 
general knowledge of the tribal form of government is nec- 
essary principally to enable the student to comprehend more 
clearly the part which it has taken in the development of the 
science of government, and not because it will directly aid 
him in performing the duties of citizenship. 

It was the first step taken toward the construction of a 
civil system. It marked an era in the evolution and growth 
of governmental institutions. It fulfilled the purpose for 
which it existed until it came to be replaced by more 
efficient systems. For this reason the tribal form of gov- 
ernment deserves a place in our study, and as we progress 
attention will be given to those features of our own system 
in the growth of which tribal government has played a part. 

The Absolute Monarchy.— This term designates the 
form of government in which the absolute power of making 
and enforcing laws controlling the liberty, property and wel- 
fare of the mass of the people is vested in the monarch, who 
is called by different names. He is called the Emperor in 
China, the Shah in Persia, the Sultan in Turkey, and the 
Czar in Russia, but, by whatever name he is known, he is 
the absolute ruler of his people. The government has no 
legislature chosen by the people to make laws for their own 
good, but the only laws consist of imperial decrees or edicts, 
which must be obeyed strictly or the severest punishment 
will follow. The laws are not enforced by officers chosen 
by the people, but by officers appointed directly or indi- 
rectly by the ruler, whose aims are to administer the law as 



10 FEDERAL GOVERNMENT 

the monarch dictates, regardless of reason or justice toward 
the individuals whose interests are at stake. 

Under such a government a person who is accused of 
violation of the laws does not have the benefit of a full, fair 
and open trial, but his case is decided summarily by a magis- 
trate who has no object in view except to carry out the 
personal wishes of his ruler, or in many cases the offender 
is given no trial, but is hurried away to imprisonment, ban- 
ishment or death, without even knowing of what he is ac- 
cused. 

Such a form of government, no matter what may be the 
personal merits of the ruler, can exist only in countries 
where the people are kept in subjection by ignorance and 
superstition, and are made to believe that their ruler is right- 
fully entitled to everything which he sees fit to demand. 
With the spread of education and intelligence among the 
people, such a form of government is bound to lose its 
powers and be overthrown, to be replaced by some other 
system recognizing the rights of man and the equality of the 
individual before the law. 

The Oligarchy. — It sometimes happened in ancient 
times that the government of a people, instead of being 
committed to a single hereditary chief, was given to a num- 
ber of persons of equal power, constituting a governmental 
council having supreme control over the lives and property 
of the people. Such a form of government is called an 
oligarchy— that is to say, government by a few, according 
to the etymological meaning of the word. 

Such governments were generally of comparatively brief 
duration, because jealousies arose and ambitions were de- 
veloped among the persons composing the oligarchy and 
the strife thus engendered usually led to civil war and the 



DIFFERENT FORMS OF GOVERNMENT H 

overthrow of the government, resulting in the triumph of 
the strongest and a despotic form of government. 

Any government in which the civil power is vested in a 
limited number of persons, as in a republic where the right 
of suffrage is narrowly restricted, may properly be called an 
oligarchy, although the term, as originally used, is applied 
to such a form of government as at one time existed in 
Rome, in some of the states of Greece, and in Venice. 

The Ancient Republic. — The impression prevails 
with many that the republican form of government is of 
purely modern origin. But many centuries before this con- 
tinent was discovered, the people of Ancient Rome were 
accustomed to meet in their forum, or public meeting place, 
and there enact laws and perform all of the governmental 
functions. These meetings were called comitia. At a dif- 
ferent period, the Greeks carried on their government in 
similar public meetings, called ecclesia, which were held out 
of doors in the agora, or market place, and at a later period 
many of the Anglo-Saxon tribes decided questions of peace 
and war, levied taxes and punished criminals at public meet- 
ings in which citizens took part. 

All of these governments were republics, because in them 
the source of power was recognized as existing in the body 
of the people. They were essentially different, however, 
from our own republic, because the rights of citizenship 
and property were restricted to particular classes of the 
population, and the equality of all individuals before the law 
was not recognized. 

The principles which lie at the foundation of our own re- 
public were unknown in Ancient Greece and Rome; these 
republics were, in fact, but little better than the form of 
government which has been described as an oligarchy. 



12 FEDERAL GOVERNMENT 

The Constitutional or Limited Monarchy. — The 

origin, development and growth of the constitutional or lim- 
ited monarchy, as it exists in the enlightened European 
nations of to-day, such as England, Holland, Norway and 
Sweden, has much in common with our own governmental 
history. Many political institutions which we highly prize, 
as the town meeting, and some features of representative 
government to be described hereafter, had their origin in 
the customs of the Teutonic tribes which formerly inhabited 
the shores of the North and Baltic seas, and the valley 
of the Elbe, and many of these institutions exist to-day in 
the monarchical governments just mentioned. 

To attempt to enumerate and discuss in this connection 
all of these points of resemblance between the constitutional 
monarchy of England and the government of our own re- 
public would interfere with the orderly arrangement of our 
work, and properly belongs to another branch of study ; but 
as our work progresses it will appear that in many respects 
Englishmen and Germans enjoy fully as great political free- 
dom as do the citizens of the United States of America, and 
that many of our most highly prized political institutions did 
not originate with us, but were brought across the seas by 
our ancestors to this land, where, by the general education 
of the people, they speedily received a wider application 
and more perfect development than conditions would permit 
in other countries. 

A limited or constitutional monarchy may be defined in 
general as a government whose chief ruler, whether he be 
called king or emperor, does not enjoy absolute power, 
because his rights and privileges are limited by restrictions 
placed upon them for the benefit of the people. These re- 
strictions exist in the form of laws which cannot be abn> 
gated by the ruler without a revolution ; they are so bene- 



DIFFERENT FORMS OF GOVERNMENT 13 

ficial and necessary to the welfare of all classes of society 
that their modification or annulment would never meet the 
approval of the people. The rights so secured to the people 
are constitutional — that is to say, they are inherent and can- 
not be taken away without the consent of the people. The 
constitutional monarchy naturally takes the place of the 
absolute form of government in those countries where the 
people have become so enlightened that they insist upon 
the right to make the laws under which they live. 

The constitutional monarchy is a link in governmental 
development between the absolute monarchy and the mod- 
ern republic. It has many features in common with the 
absolute monarchy. For instance, the sovereign holds his 
office for life, and upon his death is succeeded by his eldest 
son or daughter, or, in case he has none, by his next of kin 
in the order of succession. This right to rulership is called 
hereditary, because it exists by reason of the birth of the 
person who enjoys it, and descends from one generation to 
another. A change, or attempted change, in the order of 
succession has generally produced a revolution and has 
caused many of the bloodiest wars in history. 

The constitutional monarchy also has many features in 
common with our own republic — as, for instance, the power 
of taxation is exercised only by the representatives of the 
people and not according to the whim or caprice of the 
ruler, and the laws are enacted by chosen representatives o\ 
the people. 

The Modern Republic. — The last form of government 
to be noticed is the republican. It is the youngest in point 
of time, and it is the product of the highest intellectual de- 
velopment. In speaking of and defining the republican 
form of government, it must be understood that reference is 
had to our own republic alone, because the ancient republics 



14 FEDERAL GOVERNMENT 

were but little better than oligarchies, and other modern 
republics, such as France and the countries of South and 
Central America, have institutions essentially different from 
those of our own country. In fact, the only people who 
enjoy governmental rights and privileges very closely re- 
sembling our own are the Swiss. 

A republic may be defined as a nation in which the sover- 
eign power resides in the whole body of the people and is 
exercised by representatives chosen by them. The people 
are the source of all power, and no class is recognized as 
enjoying any exclusive privilege, but all have equal rights 
before the law. As characterized by President Lincoln, it 
is a government "of the people, for the people and by the 
people." 

The head of the government, called the President, does 
not hold his position by reason of his birth, as in mon- 
archies, but because he has been chosen by the whole body 
of the people. The laws which protect the people in their 
rights are made by men who have been selected by the 
people to do this work for them. It would be impossible 
for the people in even a single city to meet together to 
make laws for its government, as the meeting would be too 
large for purposes of deliberation : therefore the people 
choose representatives for the different sections of the coun- 
try, who, in the aggregate, exercise the power of the people 
to make the laws. In a republic the laws are applied to the 
transactions of daily life by courts and judges created and 
appointed in the manner which the people decide to be for 
the best interests of all, and not by judges in whose appoint- 
ment the people have had no voice, as is the case in most 
monarchical governments. 

The features which distinguish the republican form of 
government from all others are that all governmental pow- 



DIFFERENT FORMS OF GOVERNMENT 15 

ers emanate from the people, all taxes are levied, courts 
maintained, laws made, and every public institution put in 
operation by the representatives of the people, for the good 
of all the people and with their consent. A government 
has no just powers except such as it exercises with the con- 
sent of the governed. The difference between such a gov- 
ernment and an absolute monarchy or despotic form of 
government is so radical and apparent, that with a little 
reflection you can enumerate many of the points of differ- 
ence without further aid. 

Popular Government. — In concluding this chapter we 
are naturally led to consider the meaning of the term 
popular government, which is often used in describing the 
government of our own country, as well as that of other 
civilized nations. This is a general term, meaning govern- 
ment by the people, and may be applied properly to any 
government in which the people take part, either directly 
or through their representatives. 

The government of the United States and each of the 
States of the Union is a popular government, and the same 
is true to a greater or less extent of all of the modern repub- 
lics and of a limited monarchical form of government, like 
that of England. The extent to which the people may be 
allowed to participate in the functions of government must 
depend upon their education, intelligence and aptitude for 
political affairs. Consequently popular governments flour- 
ish in those countries where there is general diffusion of 
knowledge, and the inhabitants, by their education, experi- 
ence and training, are able to consider governmental ques- 
tions in an intelligent manner. 

Great advances are being made continually in the devel- 
opment of popular government, and in all of the Euro- 
pean countries, except the absolute monarchies, greater 



16 FEDERAL GOVERNMENT 

political powers have gradually been given to the people. 
But probably the theory of a popular government in the 
widest and fullest meaning of the term will never be fully 
realized except in the management of local affairs in com- 
paratively small communities. 



CHAPTER III. 
DISTINCTIVE FEATURES OF OUR GOVERNMENT. 

Let us now consider some of those features of our own 
government which distinguish it from all others, the under- 
lying principles which are embodied in different ways in 
every branch of the civil government, all of which tend to 
make the government of the United States the most perfect 
example which has yet been produced of an enlightened 
form of popular government. The fact has already been 
noted that in the theory of our government the source of all 
power lies in the people who are governed, that the govern- 
ment derives all of its powers from their consent, and that 
all of the people, directly or indirectly, participate in the 
work of governing. 

This principle cannot be dwelt upon too much, because, 
unless it is fully understood and appreciated, we cannot 
comprehend our political institutions, and without a just 
comprehension of these institutions it is impossible to be a 
good citizen. It will at times be difficult to see how the 
plain, ordinary citizen, whose time is spent in attending to 
his business and providing for the wants of his family, takes 
part in the important functions of government, such as 
levying taxes, making laws and managing public institu- 
tions ; but such is the fact. 

It is apparent that in a small community, all properly 
qualified persons can and should have a direct participation 
in public matters, and the history of nations shows in many 

(17) 



18 FEDERAL GOVERNMENT 

cases that in the early days the people actually ruled, and 
all had a voice in the government. The difficulty has been 
that as nations grew in population and importance, it was 
no longer possible to carry on the work of government by 
a mass-meeting of the people, and consequently the people 
gradually lost their individual rights, until finally an abso- 
lute form of government was established. It has remained 
for the people of this great republic to evolve a scheme of 
government whereby the rights of the citizens have been 
preserved, and at the same time the nation has grown won- 
derfully in power and importance. 

Representative Government. — To our Anglo-Saxon 
ancestors we owe the discovery and application of a system 
which has been an effective instrumentality for enabling the 
people of this vast country to retain their individual rights 
and to take part effectively in administering the govern- 
ment. We ordinarily describe this system as government 
by representation, or representative government. By this 
device the community which has become large and pop- 
ulous is divided into districts, called by different names, 
each of which chooses by popular vote one or more persons 
to represent it in the government and to speak for the dis- 
trict in all governmental matters. 

Thus the several States composing the United States are 
represented in the national government by their senators 
and representatives in Congress, and in each of the States 
the law-making part of the government is conducted at the 
State capital by representatives chosen by the people resid- 
ing in the different sections of the State, and in the cities, 
towns, villages and school districts the same principle is 
applied. All of these arrangements will be shown in detail 
when we come to consider the different branches of the 
government under which we live, but for the present it is 



DISTINCTIVE FEATURES 19 

enough to remember that the people themselves carry on 
the government by means of representative assemblies. 

The Congress of the United States, the Legislatures of 
the various States, the City Councils of the different cities, 
all are representative assemblies, because they are composed 
of delegates elected by the people. 

History of Government by Representation. — The 
principle of government by representation came to us 
from England where it had been in use, more or less ex- 
tensively, since the earliest days of English history, but it 
cannot be said to have originated in England, as traces of 
such a system have been found in the fragmentary history 
of the Anglo-Saxon tribes, to whom reference has already 
been made as being the originators of some of our political 
institutions. 

Historians generally have recognized the Germanic origin 
of this institution, and that its introduction into England 
was due to its existence among the Anglo-Saxon tribes 
who invaded England during the fifth century. A distin- 
guished English historian, in describing the civil organiza- 
tion of these tribes, says : 

"But the peculiar shape which its civil organization 
assumed was determined by a principle familiar to the Ger- 
manic races and destined to exercise a vast influence on the 
future of mankind. This was the principle of representa- 
tion. The four or ten villagers who followed the reeve of 
each township to the general muster of the hundred were 
held to represent the whole body of the township from 
whence they came. Their voice was its voice, their doing 
its doing, their pledge its pledge."* 

Therefore it is safe to say that from time immemorial the 
principle of government by representation has been familiar 

♦Green's History of the English People. VoL I., Chap. I. 



20 FEDERAL GOVERNMENT 

to Englishmen, even before they came to live in their island 
kingdom, and while they inhabited their fatherland in 
Northern Germany and Denmark. For a time this system 
was applied only to the government of small communities, 
but, as the centuries rolled by, it received a wider applica- 
tion and finally became one of the chief factors in the 
administration of national affairs. 

We cannot undertake to trace the history of the develop- 
ment of representative government in England through the 
centuries which have passed since the Anglo-Saxon inva- 
sion, but one of its critical stages may be noticed with profit. 
During the thirteenth century there was a long struggle be- 
tween the King of England, who was seeking to retain 
absolute power, and the people, who were striving for 
greater political rights, under the leadership of Simon de 
Montfort, Earl of Leicester. In this struggle, called the 
Baron's War, which lasted for many years, the people finally 
triumphed, and in the year 1265 a Parliament was assem- 
bled, composed of representatives of all of the people. 

Comparatively little is known of this Parliament, except 
that it was the first example of the complete application of 
the principle of representation to the affairs of the whole 
nation. Thirty years later the work was completed and 
perfected by the assembling, during the reign of Edward I., 
of what is called in English history the Model Parliament. 

Then, to know fully the history of representative govern- 
ment, as it exists among the English-speaking people, it is 
necessary to commence with the German tribes who in 
ancient times inhabited the northern part of Europe, to 
follow them in their invasion of England, and to trace for 
many years the struggles with kings and nobles until the 
time of Edward L, and thence to the settlement of our own 
country in the early part of the seventeenth century. It is a 



DISTINCTIVE FEATURES 21 

long story, filled with tales of human suffering, war and 
bloodshed, which we little realize in our day, so accustomed 
have we become to the enjoyment of these privileges se- 
cured by the continued struggles of our ancestors for so 
many centuries. 

Public Office. — Another distinctive feature of our gov- 
ernment is suggested by the principle emphasized at the 
beginning of this chapter, that the "consent of the gov- 
erned" is the foundation of our system. Bearing this in 
mind, it naturally follows that we have no rulers in the 
governmental sense, for all of the officers of the govern- 
ment, from the President down to the humblest clerk of the 
rural village, are the agents of the people, chosen by them 
to do certain work and expected to carry out their wishes as 
expressed in laws enacted by the representatives of the 
people. 

It has frequently been said that "public office is a pub- 
lic trust." This is true, and means simply that the man 
who is chosen to hold a public office has intrusted to him by 
the people the performance of certain duties, and that he 
must at all times be prepared to give an account of his stew- 
ardship. If unfaithful, he is answerable to the people he 
has betrayed. Public officers are the servants, agents, 
clerks and treasurers, and not the masters of the people. 

Written Constitutions. — We come now to consider 
a feature of our government which is peculiarly and dis- 
tinctively American in its origin and development. It is 
known as the written constitution. The constitution is an 
important feature of all representative governments, whether 
the government be a limited monarchy, like that of Eng- 
land, or a republic, like the United States, and to thoroughly 
understand such a government we must know the meaning 
of the word "constitution" and all of its various applications. 



22 FEDERAL GOVERNMENT 

The constitution, as the term is used in this country, 
means a written document defining the powers of the gov- 
ernment, the terms and conditions of which furnish the test 
for determining whether or not the government is exceed- 
ing its powers in the performance of any specific act. It is 
often briefly defined as the supreme law of the land, the 
fundamental statute to which all other laws must conform. 
By this we mean that all other laws, whether enacted by v 
Congress or any other legislative body, must comply with 
its provisions, and that any law which violates the constitu- 
tion in any respect is void and of no effect, or, as it is 
ordinarily termed, is unconstitutional. 

We may also regard the constitution as the instrument 
which sets forth in detail those rights which the people have 
surrendered to the general government for the common 
good, and the restrictions imposed upon the government in 
exercising these rights. It is the charter from the people 
to the government under which the government exists. 

The constitution of the United States is a written instru- 
ment, setting forth in detail what powers can be exercised 
by the general government, and the manner in which its 
functions must be performed. It, therefore, limits and de- 
fines the objects, purposes and management of the govern- 
ment, and expressly provides, in one of its amendments, 
that the powers not delegated to the United States by the 
constitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people, thereby affirming 
the doctrine that the fundamental source of power is the 
people, who may or may not delegate all of their powers to 
the government. 

What has been said concerning the Constitution of the 
United States is in a measure applicable to the constitutions 
of the respective States. Each of the States within its bor- 



DISTINCTIVE FEATURES 23 

ders has absolute control of the governmental machinery 
relating to the whole State. Leaving out of consideration 
local municipal affairs, all governmental powers which have 
not been committed to the federal government through the 
medium of the Constitution of the United States are exer- 
cised by the State government. It naturally follows that 
the constitution of a State will more intimately concern the 
private life and the daily acts of the citizens than the Con- 
stitution of the United States, because by far a greater 
number of matters are under the control of the State gov- 
ernment than of the national government. 

Branches of Government. — Another characteristic 
feature of our government under the constitution is the care 
with which the various departments of the government are 
separated, so that each will constitute a check upon the 
other. These constitutional provisions are peculiar to our 
government and are not to be found in England or other 
countries under a constitutional form of government. The 
functions performed by a government are divided into three 
classes, the legislative, executive and judicial. 

The legislative, or law-making, department lies at the 
foundation of the government. As a government exercises 
its control over its citizens by means of laws, it is apparent 
that the law-making power is the first to be considered in 
any scheme of government, and that the right to make laws 
is one of the indispensable attributes of sovereign power. 

The judicial department in a constitutional government 
exists for the purpose of interpreting the laws and applying 
them to the transactions of daily life. It exercises an impor- 
tant check upon the legislative department, because it deter- 
mines whether or not any of the laws enacted by the legisla- 
ture are in violation of the constitution, and, for that reason, 
void. 



24 FEDERAL GOVERNMENT 

The executive department executes the laws. This may 
be done by providing the proper machinery for carrying 
into effect the declarations of the legislature without the 
intervention of any court, or by carrying out the decisions 
of a court as to the effect of the laws upon a given transac- 
tion. 

Different Governments Under Which We Live. — 
We shall now consider briefly the triple character of the 
government under which every citizen of the United States 
lives, and show that he owes allegiance to three dif- 
ferent governments — namely, the national government, 
the State government and the local or municipal govern- 
ment of the city, town or village in which he has his home. 
And herein we find a governmental arrangement peculiar to 
our own country, to which we may point with pride, because 
by means of it we have been able to become one of the great 
nations of the earth and at the same time have left with 
the people unimpaired the right of local self-government. 

This great result has been accomplished through the me- 
dium of written constitutions, by which the people have 
delegated to these different governments the only powers 
which they can rightfully exercise. Thus the Constitution 
of the United States sets forth in detail those powers which 
are to be exercised and the duties which are to be per- 
formed by the Federal Government, which has no right 
whatever to exceed the limits imposed by the constitution. 
These powers are of such a character that they could not 
well be exercised by each individual State ; because relating, 
as they do, to the welfare of the entire country, they must 
be exercised in a uniform manner throughout the entire 
territory. 

The Federal Government, among other things, has power 
to regulate our intercourse with foreign nations, to pro- 



DISTINCTIVE FEATURES 25 

vide for the support of the army and navy, to establish 
and maintain a postal system, to coin money and issue 
bills and notes which circulate as money, and to fix the 
terms and conditions under which people born in other 
countries may become citizens of the United States. It is 
apparent that powers such as these must be exercised by 
some central authority that can enforce obedience in all 
parts of the land, and for this reason the government of the 
United States as a nation was established. 

The next government to which every citizen owes respect 
and obedience is that of the State in which he lives. The 
powers and prerogatives of the state governments are much 
more numerous than those of the national government. 
The only limitations placed by the Constitution of the 
United States upon the power of a state government are that 
it shall not exercise any of the powers which have been 
given exclusively to the United States, and shall not do cer- 
tain other things expressly forbidden, which no State would 
probably ever wish to do, as coining money, granting titles 
of nobility or passing any law impairing the obligation of 
contracts. With these few restrictions, every governmental 
action is within the power of the State, subject only to such 
conditions as may be imposed by the people through the 
provisions of the State constitution. 

The third government to which every citizen is subject is 
the municipal government of the village or city in which he 
lives. All city governments derive their powers from the 
legislature of the State in which they are situated and can 
exercise no power or authority except such as is granted 
by the act of the legislature creating the city government. 
These powers are numerous and intimately connected with 
the daily life of the citizen. The city government is the 
agency provided by the State for enabling the inhabitants of 



26 FEDERAL GOVERNMENT 

a city to regulate their own local affairs, as the control of 
streets and sidewalks, the construction of buildings, the 
supplying of water, and numerous systems tending to pro- 
mote the health and welfare of the citizens in their daily 
life. 

In this way the magnificent fabric of our government has 
been created. It is a marvel of political ingenuity, because 
it is the only government which has solved the problem of 
preserving the right of the people to regulate local affairs 
and has constructed a powerful nation out of independent 
self-governing elements. 

The Declaration of Independence. — When our fore- 
fathers decided to form an independent government for 
the benefit of the people of this country, they wisely de- 
cided to state definitely their ideas as to what such a gov- 
ernment should be and the reasons for their action in a 
document signed by the representatives of the people, so 
that all who perused it could understand the motives which 
prompted their action. 

This document was the Declaration of Independence. It 
is a model of brevity and logical reasoning, and embodies in 
its few lines the results of profound knowledge of the science 
of government. If thoroughly analyzed and comprehended 
it will be found to contain a complete statement of the 
objects for which governments exist, and in its arraignment 
of the king of Great Britain there is a protest against nearly 
every form of governmental abuse. Its statements of the 
principles of our government cannot be excelled and we 
cannot too often recur to its study, for in it we find litera- 
ture of the greatest merit, political science never excelled 
and governmental philosophy whose soundness cannot be 
questioned. 

The principles which are maintained by our government 



DISTINCTIVE FEATURES 27 

are the equality of all men in the eyes of the law, the right 
of the individual to life, liberty and the pursuit of happiness, 
the consent of the governed as the foundation of all govern- 
mental power and the unquestioned right of the people to 
alter and change the form of government as they may see fit. 
There are some who profess to regard these doctrines as 
old-fashioned, antiquated generalities, but these cannot be 
considered intelligent and patriotic citizens of the republic. 
The principles embodied in the Declaration of Independ- 
ence have been, and still are, the hope of humanity, and to 
insure their perpetuation the greatest intelligence and 
watchfulness is required of every citizen. 



CHAPTER IV. 
COLONIAL GOVERNMENTS 

It would be tedious to enumerate in detail the changes 
and alterations which took place in the government of the 
different colonies during the one hundred and fifty years, 
which intervened between the first settlement of our country 
and the Revolutionary War. Therefore we shall consider 
only the forms of government which prevailed in the colo- 
nies at a period just prior to the Declaration of Independ- 
ence, because the governments of the various States have 
been the direct outgrowth of the colonial governments as 
they existed at that period, but slight changes, compara- 
tively speaking, being needed in the case of the thirteen 
original colonies in order to adapt their governments to the 
necessities of a sovereign state. 

The colonies had no written constitutions, in the sense 
in which the term has been heretofore explained, but each 
of them had fundamental written laws w r hich took the place 
of a constitution. These laws were to be found in the 
charter or grant of power from the King of England to the 
colony, in the commission of the governor issued to him by 
the King, and in the various instructions from the British 
Crown and colonial offices to the officers of the colony. 

The Charter. — In the history of the government of the 
British colonies in this country, the charter has almost as 
important a place as the constitution occupies in the gov- 
ernment of the present day. A charter is defined as a grant 

(28) 



COLONIAL GOVERNMENTS 29 

made by the sovereign, either to the whole people or to a 
portion of them, securing to them the enjoyment of certain 
political rights. In many of the colonies the charter was 
the fundamental law, but it was unlike a constitution, be- 
cause a constitution is a fundamental law established by the 
people themselves, while the charter emanated from the 
sovereign, who was the King of England. 

The term charter, as denoting a concession or grant of 
political rights from the ruler, came into use during the 
Middle Ages, when all governments were absolute in form. 
In those days the cities of Europe were the centers of edu- 
cation, art and refinement, and in many cases the people 
made such progress in wealth and civilization that they no 
longer were willing to submit to the exactions of an arbi- 
trary government, and sought to obtain from their rulers 
moderate political privileges, enabling them to exercise in 
some degree the right of local self-government. 

The written document by which the sovereign granted 
political rights in such cases as these was called a charter. 
Sometimes such a charter was obtained only after a long 
struggle involving war and bloodshed, and sometimes it was 
obtained by a cash payment to the ruler, and sometimes, 
when the ruler was a man of unusual intelligence, the rights 
were freely granted when deserved, the only consideration 
demanded being the continued loyalty of the people. 

Magna Charta. — In English history, for many years 
the term charter was understood to refer to one document 
alone, known as Magna Charta, or The Great Charter. This 
document, which has almost as prominent a place in the 
political history of the United States as in that of England, 
was a grant of political rights, which King John of England 
was compelled to give to his people on the 15th day of June 
in the year 121 5. This date should be remembered, for on 



30 FEDERAL GOVERNMENT 

that day many of the rights which are now secured to us 
by our own laws were for the first time embodied in a 
permanent written form for the benefit of the people then 
living and of future generations. 

Space will not permit us to tell the intensely interesting 
story of the long struggle between King John and his peo- 
ple which culminated in the granting of this famous char- 
ter, nor to relate the abuses which it corrected, and which, 
abandoned for so many years, can interest us now only as 
matters of curiosity and historical study. The importance 
of the document in those ancient times is best shown by the 
following words of the great English historian, which are 
just as significant to Americans as to Englishmen : 

"Copies of it were made and sent for preservation to the 
cathedrals and churches, and one copy may still be seen in 
the British Museum, injured by age and fire, but with the 
royal seal still hanging from the brown, shriveled parch- 
ment. It is impossible to gaze without reverence on the 
earliest monument of English freedom, which we can see 
with our own eyes and touch with our own hands, the Great 
Charter, to which, from age to age, men have looked back 
as the groundwork of English liberty."* 

And so, following the course of English history from 
century to century, we find that as often as the burdens of 
the people became unbearable, so often matters came to a 
crisis, and little by little the rights of the people increased 
and the absolute powers of the kings diminished ; but we are 
now concerned with the affairs of our own country alone, 
and these allusions to English political history are made 
only for the purpose of showing the long and steady growth 
and development of the cause of popular government, com- 
mencing with the meager concessions wrung by force from 

* Green's History of the English People. 



COLONIAL GOVERNMENTS 31 

unwilling monarchs in the Middle Ages and culminating in 
the magnificent framework of our own government. 

Colonial Grants. — In the seventeenth century, for the 
purpose of developing the natural resources of the North 
American colonies and thereby increasing the wealth, power 
and glory of his own kingdom, the King of Great Britain 
granted to some of his subjects charters authorizing them 
to fish, hunt and trade, to make settlements and occupy land 
on this continent. These charters granted to trading com- 
panies were the first fundamental laws which existed in this 
land, but later when the colonies had grown in population 
and wealth to such an extent that other governmental 
machinery was needed, more complete charters were 
granted in some cases, and in others a royal governor was 
appointed, who had the right to exercise such powers of 
government as might be included in the commission of the 
king appointing him. 

We shall not attempt to study all of the different forms 
of government which existed at different times in the 
colonies, leaving that to be taken up in connection with your 
historical studies, where the subject properly belongs; but 
we should know something of these governments as they 
existed just prior to the Revolutionary War, in order to 
understand how dependent colonies were transformed into 
sovereign states.* 

At this time the colonies, so far as their form of govern- 
ment is concerned, may be divided into three classes. 

I. Royal Colonies. — This class includes the colonies 
of Virginia, Georgia, New Hampshire, New York, New 
Jersey, North Carolina and South Carolina. The govern- 
ment of these colonies was controlled almost entirely by 



* An excellent account of the colonial governments may be found in Mar- 
tin's Text Book of Civil Government. 



32 FEDERAL GOVERNMENT 

England. The colony had no written constitution preserv- 
ing and protecting the rights of the people, but the funda- 
mental law which controlled their government was to be 
found in the instructions given their governor by the En- 
glish Crown. They had a governor who was the chief 
executive officer, and a council appointed by the King to 
assist him in performing his duties. 

The governor had the power of calling a legislative as- 
sembly for the colony, composed of representatives of the 
different sections, but no laws could be framed which were 
in any way repugnant to the English government. The 
governor also had a control over the acts of the legislative 
assembly, because if the assembly disregarded his wishes 
and persisted in enacting laws which did not meet with his 
approval, he could veto these laws and dissolve the legisla- 
tive assembly whenever he saw fit. With the advice of his 
council he could appoint judges, create courts and perform 
many other functions of an absolute ruler. From this brief 
statement, it will be seen that the government in the colo- 
nies above mentioned had few of the distinguishing charac- 
teristics of a government by the people. 

2. Charter Colonies. — While these colonies had no 
written constitution, they had a fundamental law which was 
to be found in the charter or grant of power from the king. 
This charter was in effect a constitution, because it gave to 
the people of the colony certain rights of self-government. 
Any attempt on the part of the English government to annul 
these charters, or in any way to modify the protection which 
they afforded to the people, always caused trouble, and to 
the frequent recurrence of these attempts may be traced the 
causes which led to the Revolutionary War. 

The charter colonies were three in number — Massachu- 
setts, Rhode Island and Connecticut. Of these three, the 



COLONIAL GOVERNMENTS 33 

charters of Rhode Island and Connecticut were most 
favorable to the cause of popular government in the colo- 
nies. Rhode Island and Connecticut were pure republics 
and both branches of the legislative assembly were elected 
by the people. In fact, so satisfactory were the charters to 
the people of these two colonies that the charter of Con- 
necticut remained as its only constitution until the year 
1818, and in Rhode Island no other constitution was 
adopted until the year 1842. 

The charter of Massachusetts vested the executive branch 
of the government in the governor, who was appointed by 
the English government. The legislative branch consisted 
of an assembly of two houses, the lower house being com- 
posed of representatives chosen by the people. The House 
of Representatives, or the lower house of the legislative 
assembly, had the power of electing the upper branch of the 
assembly, which was known as the Governor's Council. 
Suctf elections were subject, however, to the veto of the 
governor. Thus, while the colonial government of Massa- 
chusetts was much more liberal and democratic than the 
government of the Royal Provinces, still it was not to be 
compared in this respect with the charters of Rhode Island 
and Connecticut. 

3. Proprietary Colonies.— These colonies were three 
in number — Pennsylvania, Delaware and Maryland. They 
were called proprietary colonies because they originated in 
a grant of land from the King of Great Britain to an indi- 
vidual who was, by the terms of his grant, vested with the 
full power of framing and exercising a form of government 
over the territory under his jurisdiction. In these colonies 
the governor was appointed by the proprietary lord, but in 
some cases the proprietary himself acted as the governor. 

In Maryland, under the terms of the grant from the King 



34 FEDERAL GOVERNMENT 

of Great Britain, the office of proprietary was hereditary in 
the Calvert family. The government in this and other pro- 
prietary colonies was not unlike that of a limited mon- 
archy. The people had no voice in the appointment of a 
governor, but did have the right to elect a legislative assem- 
bly to enact the laws for the government of the colony. 

Pennsylvania and Delaware were separate colonies and 
had separate legislative assemblies, but they originated in 
the grant from the King of Great Britain to William Penn, 
who was the proprietary and in whose descendants the pro- 
prietorship vested, the same as in the case of the Calvert 
family in Maryland. 

The Transition from the colonial forms of government 
to the government of a State was easy. In the case of Con- 
necticut and Rhode Island, no change was necessary until 
many years after the independence of the United States, 
when the altered conditions due to the progress of the 
people in the nineteenth century made the former govern- 
ment antiquated and unsuitable. In Massachusetts only 
slight changes were necessary, such as providing for the 
election of a governor and both branches of the legislative 
assembly by the people and the removal of the name of the 
King of Great Britain from all legal documents and substi- 
tuting, in lieu thereof, the name of the People of the State 
of Massachusetts. In the Royal Provinces the changes 
were more numerous, as the people in these colonies, by 
appropriate legislation, wiped out of existence all vestiges 
of royal authority, and enacted laws giving to themselves 
such rights as had formerly been granted by the King of 
Great Britain to the people of Rhode Island and Con- 
necticut. 

Political Status of the Colonies.— In this way the 
State governments of the thirteen original States were 



COLONIAL GOVERNMENTS 35 

framed, and the same model has been used in providing a 
government for the new States upon their admission into 
the Union. The political status of the colonies, at the time 
of the Revolutionary War and of the respective States of 
the Union after the federal government was formed, has 
been the subject of much discussion among writers upon 
historical and political subjects. This subject has been ad- 
mirably treated by Mr. Justice Story in so brief and force- 
ful a manner that we cannot do better than adopt his words 
as a guide : 

"Though the colonies had a common origin and owed a 
common allegiance, and the inhabitants of each were British 
subjects, they had no direct political connection with each 
other. Each was independent of all others ; each, in a lim- 
ited sense, was sovereign within its own territory. There 
was neither alliance nor confederacy between them. The 
assembly of one province could not make laws for another, 
nor confer privileges which were to be enjoyed or exercised 
in another, further than they could be in any independent 
foreign state. As colonies they were also excluded from 
all connections with foreign states. They were known only 
as dependencies ; and they followed the fate of the parent 
country, both in peace and in war, without having assigned 
to them, in the intercourse or diplomacy of nations, any dis- 
tinct or independent existence. They did not possess the 
power of forming any league or treaty among themselves 
which should acquire an obligatory force without the assent 
of the parent state. 

"But, although the colonies were independent of each other 
in respect to their domestic concerns, they were not wholly 
alien to each other. On the contrary, they were fellow- 
subjects, and for many purposes one people. Every col- 
onist had a right to inhabit, if he pleased, in any other 



36 FEDERAL GOVERNMENT 

colony ; and, as a British subject, he was capable of inherit- 
ing lands by descent in every other colony. The commercial 
intercourse of the colonies, too, was regulated by the gen- 
eral laws of the British Empire, and could not be restrained 
or obstructed by colonial legislation. "* 

Such was the condition of the colonies in the year 1775. 
But when the final struggle with the parent country com- 
menced, the necessity for some sort of union among the 
colonies was more apparent than ever, because it would 
have been impossible for thirteen small states to success- 
fully prosecute a war against the most powerful nation of 
Europe without combining their resources and presenting . 
a united front to the common enemy. For this purpose 
temporary expedients were adopted, probably the best that 
could have been devised under the circumstances, but, as 
experience proved, wholly insufficient to regulate the affairs 
of a great nation. 

Consequently,during the period from 1775 to 1789, when 
the present constitution was adopted, the government of the 
United States, except as to the local affairs of each colony, 
was unsettled to such an extent that many statesmen de- 
spaired of ever being able to form a successful national 
government. 

♦ Story's Commentaries on the Constitution. 



CHAPTER V. 
FORMATION OF THE AMERICAN UNION. 

The fifteen years which intervened between the meeting 
of the First Continental Congress, in 1774, and the begin- 
ning of government under our present constitution, were 
probably the most critical for the cause of popular govern- 
ment that have ever passed. During these years, the coun- 
try's future was often imperiled, not only by the successes 
of the British army, in the earlier stages of the Revolution- 
ary War, but at all times by the inefficiency of our own 
central government, and later, after our arms had been vic- 
torious and the power of England had been banished from 
our shores, by the petty jealousy, suspicion and rivalry 
which prevailed among the respective colonies. 

Prior to the year 1774 there had been no permanent union 
of the colonies, but each had been careful to preserve its 
political identity. Such attempts as had been made toward 
effecting a union had been viewed with distrust by the col- 
onists and regarded with disfavor by England. During the 
seventeenth century, between the years 1643 an ^ 1683, there 
had been a defensive alliance between the New England 
colonies for the purpose of protecting their settlements from 
the attacks of hostile Indians, but this union did not con- 
template or include within its scope any plan for the govern- 
ment of all the colonies by a central authority. 

Albany Convention. — From time to time the political 
thinkers of the colonies discussed the feasibility of union, 

(37) 



38 FEDERAL GOVERNMENT 

and in 1754 Benjamin Franklin and others were instru- 
mental in assembling a meeting of representatives from 
many of the colonies, known as the Albany Convention. At 
this convention a scheme for the union of the colonies was 
presented, but nothing came of the movement, for the plan 
was not received with favor, either by the inhabitants of the 
colonies or by the English government. 

Stamp Act Congress. — The necessity for union had 
not yet appeared, and it needed the oppression of England 
to arouse in the colonists the spirit of independence. The 
attempted enforcement of the Stamp Act aroused such in- 
dignation that, in 1765, delegates from eight of the colonies 
met and protested against the obnoxious law. This assem- 
bly was known as the Stamp Act Congress. It had no 
legislative powers and did not attempt to exercise any 
authority over the colonies ; but by its meeting the people 
of the country became, to some extent, imbued with the idea 
of uniting for the purpose of resisting the aggressions of the 
English government, and its protest was effectual in causing 
the repeal of the Stamp Act. 

Oppressive Laws. — Notwithstanding these evidences 
of the temper of the colonies and their determination to 
resist all laws which did not recognize their rights as British 
subjects to the same extent as if they had been actual resi- 
dents of England, the English government persisted in 
enacting legislation having for its object the imposition of 
taxes upon the colonists and restraining them from pursu- 
ing a free and untrammeled course in their commercial 
affairs. 

Among these laws which the colonies regarded as oppres- 
sive may be mentioned the Townshend Acts, three in 
number, one requiring the legislature of New York to pro- 



FORMATION OF THE UNION 39 

vide for the support of the English troops quartered in that 
colony, another establishing a Commission of Customs at 
Boston to enforce the collection of taxes and to regulate 
trade, and another placing a tax on glass, paint, paper, tea 
and other articles. 

While these taxes were not burdensome in amount, nev- 
ertheless they aroused the most bitter opposition on the 
part of the colonists, because the attempt of the British 
government to levy and collect them violated a fundamental 
principle of representative government, the colonies believ- 
ing that they had the legal right to resist the payment of 
any tax which was not levied with their full consent and 
concurrence. In other words, the colonists, not being rep- 
resented in the English Parliament, contended that body 
had no right to impose taxes of any kind upon them; 
hence they boldly asserted the doctrine fundamental in all 
popular governments, that taxation without representation 
is unlawful. 

First Continental Congress.— It is not our purpose 
to write a history of these troublous times between 1765 
and 1774, and therefore we shall only enumerate certain 
laws enacted by the British Parliament which the colonists 
regarded as oppressive, and which led to the meeting of the 
First Continental Congress in the month of September, 
1774, and shall leave the story of these transactions to be 
learned in connection with your historical studies or to be 
the subject of supplementary reading. 

The laws to which reference has been made were the 
Boston Port Bill, virtually closing the port of Boston to 
commerce ; the Transportation Bill, whereby in certain cases 
persons accused of murder in resisting the laws might be 
sent to England for trial ; the Massachusetts Bill, an attempt 
on the part of England to modify the charter of Massachu- 



40 FEDERAL GOVERNMENT 

setts ; the Quartering Act, providing for the quartering of 
British soldiers upon the people ; and the Quebec Act, de- 
priving the colonies of Massachusetts, Connecticut and Vir- 
ginia of the vast Northwestern Territory claimed by them 
between the great lakes and the Ohio and Mississippi riv- 
ers, and annexing the same to the Province of Quebec. 

The indignation aroused by the passage and attempted 
enforcement of these laws was such that, under the lead of 
Massachusetts and Virginia, a body composed of delegates 
from all of the thirteen colonies, except Georgia, assembled 
in Philadelphia to take such action as might be deemed 
necessary to obtain a redress of their grievances. This as- 
sembly is known in history as the First Continental Con- 
gress. It remained in session in Carpenter's Hall in Phila- 
delphia from September 5, 1774, to October 26, 1774. 

In these sessions the congress, on behalf of the people of 
the colonies, adopted a Bill of Rights* and formulated ad- 
dresses to the people of the colonies and to the king and 
people of Great Britain, for the purpose, as it was hoped, of 
bringing about a better understanding between the parties 
to the controversy, and thus avoiding further conflict. It is 
to be noticed that at this time the people of the colonies were 
still loyal to England and had no thought of becoming an 
independent nation, but sought only to obtain what they 
conceived to be their rights as Englishmen. The acts of 
the First Continental Congress are important in the polit- 
ical history of our country because, by its proceedings, the 
sentiment in favor of union between the colonies was 
strengthened and developed, and at that time general laws 
were first enacted commanding the respect and obedience 
of the entire country, and, being ratified and approved by 

*For an explanation of this term see page 103. 



FORMATION OF THE UNION 41 

the respective colonies, they had all the dignity of national 
laws. 

Second Continental Congress. — The Second Conti- 
nental Congress met at Philadelphia in May, 1775. At this 
time the battles of Lexington and Concord had taken place 
and the authority of Congress was recognized as the su- 
preme power of the land. Congress at once assumed man- 
agement of the continental army, raised money for prose- 
cuting the war with England, and, on behalf of the united 
colonies, entered into negotiations with foreign countries. 
The exercise of such powers as these is one of the attributes 
of sovereignty, and, with the creation of a central govern- 
ment representing the entire country, the history of the 
American Union commences. 

The Continental Congress has been called a revolution- 
ary body, because there was no legal authority for its exist- 
ence. Its organization was the spontaneous act of the 
people, caused by the pressing necessity for some central 
government. It assumed to act with an authority which it 
did not really possess, because no powers had ever been 
conferred upon it expressly by the people, and its existence 
was due solely to the necessity of meeting the crisis occa- 
sioned by the war with England. 

The most of its acts had the effect of general laws, as they 
met with the consent and approval of the people ; otherwise 
Congress would have been powerless to enforce its own 
commands. 

Need of a Central Government. — Such a govern- 
ment as this could not be otherwise than inefficient and 
unsatisfactory, and with the Declaration of Independence, 
the need of a stronger central government was more ap- 
parent than ever, for then the united colonies assumed a 



42 FEDERAL GOVERNMENT 

place among the sovereign, independent nations of the 
world and required a government having at least power to 
enforce the obedience of its own citizens. 

The problem of framing such a government was difficult 
under the conditions which then existed. Community of 
race and language, similarity of political institutions, com- 
mon interest and common dangers, all impelled the colonies 
toward a strong federal union, but, on the other hand, the 
spirit of distrust and jealousy, the fear that the larger colo- 
nies would absorb the smaller and the feeling of local pride 
on the part of the different colonies tended to keep them 
apart 

Articles of Confederation. — Accordingly, in the year 
1777, the Articles of Confederation were prepared and sub- 
mitted to the people of the colonies for approval. This 
approval was necessary, because the principle that the pow- 
ers of the government could be exercised only with the 
consent of the governed had been enunciated by the Dec- 
laration of Independence. The object of the Confederation 
was stated to be the formation of a "league of friendship" 
between the States "for their common defense and the 
security of their liberties and their mutual and general wel- 
fare." The Articles of Confederation were finally adopted 
in the year 1781, when the war with Great Britain had prac- 
f tically ceased ; but government under them was a failure, 
because their plan, while contemplating the creation of a 
national government, still did not deprive the states of their 
sovereign powers and left them undisturbed in the exercise 
of powers inconsistent with the theory of a strong central 
government. 

For example, it is impossible for any government to 
exist unless it has the power of raising money with which 
to meet^its obligations. This must be done by taxation, 



FORMATION OF THE UNION 43 

which is simply a method of taking a certain amount of 
the private property of citizens and applying the same to 
the payment of the expenses of the government incurred for 
the common good of all. 

Under the "league of friendship" the expenses of gov- 
ernment were to be paid out of the common treasury, 
supplied by the States in proportion to the value of all 
land within each State, but the taxes for paying that pro- 
portion were to be levied by the legislatures of the several 
States. Consequently, no matter how seriously Congress 
might need money, it could obtain none unless the States 
carried out their compact and levied the necessary taxes, 
a thing which they generally failed to do. Hence, at the 
very outset, we find the national government absolutely 
without the power of taxation, probably the most necessary 
and fundamental prerogative for any government to possess. 

Another of the inseparable attributes of sovereignty is 
the power to make treaties with foreign nations for the pur- 
pose of regulating trade between the countries. Under the 
Articles of Confederation, Congress had no such power, and 
consequently Spain and Great Britain refused to make any 
commercial treaties with the new government, and, in ad- 
dition, did all they could to hamper the commerce of the 
States by exacting burdensome taxes upon imported goods 
and by other restrictions upon trade. This condition of 
things imposed great hardship upon the people of this coun- 
try, because they were neither able to purchase abroad many 
articles of necessity not manufactured here, nor could they 
dispose of their own agricultural products, which consti- 
tuted their chief wealth. 

A short experience with the scheme of government fur- 
nished by the Articles of Confederation served to show that 
numerous amendments were required to promote the effi- 



44 FEDERAL GOVERNMENT 

ciency of the government, and that without such amend- 
ments the union of the States, instead of being perpetual, 
as the Articles had planned, was in constant danger of com- 
plete disruption. When this conclusion was reached an- 
other glaring defect was found, in that it was provided by 
these Articles that no amendment could be made unless 
agreed to in a congress and afterward confirmed by the 
legislatures of all the States, thus rendering it extremely 
difficult, if not in many cases absolutely impossible, to se- 
cure any alteration in the governmental system. 

The Critical Period. — Many other defects in the 
Articles of Confederation might be mentioned, but these 
few will serve to show how imperfect was the system. 
After the close of the Revolutionary War, and from 1781 
to 1789, the condition of the country was deplorable. This 
has been called "the critical period of American history," 
because then the chances for the success of popular gov- 
ernment in this country were about evenly balanced. It 
was, indeed, "a time that tried men's souls/' as had been 
said of the Revolutionary period. 

The close of the war had left the country burdened with 
a large debt, on which Congress could not pay the interest, 
because it had no money and no means of getting any. 
States often refused to pay their due proportion into the 
public treasury. Open rebellion existed in some parts of 
the country and Congress was powerless to enforce order. 
No gold was in circulation and paper money had been 
issued by the States and by Congress to such an extent as 
to depreciate its value and render it worthless. Commerce 
was at a standstill and the entire country was bankrupt. 
Thoughtful people feared a state of anarchy would soon 
prevail and the disruption of the Federal Union would fol- 
low, some even believing that England would again conquer 



FORMATION OF THE UNION 45 

the country, for the king's troops were still quartered in the 
military posts along the northern frontier.* 

The Constitutional Convention. — Under such cir- 
cumstances as these the necessity for a stronger central 
government became imperative, but the result was not 
easy to accomplish. More than one attempt was made 
and failed, but finally a convention composed of delegates 
from all of the colonies, except Rhode Island, was assem- 
bled in Philadelphia on the 14th day of May, 1787. This 
convention continued in session for four months, and as 
the result of its labors the present Constitution of the 
United States was framed and presented to the people for 
approval. 

But little is known as to the debates, which occurred dur- 
ing the meetings of this convention, for the only record of 
its proceedings which has been preserved for our study 
consists of the notes taken by James Madison and others, 
who were in attendance as delegates. These notes were 
very full and make most interesting reading, because they 
show the range of subjects under consideration and the 
names of those who were in attendance and participated in 
the discussions. 

From these records we learn that the proceedings were 
reasonably unanimous and free from violent discussion, 
except upon three questions, the most important of which 
was the manner in which the different States should be 
represented in the Federal Congress. And here we again 
have occasion to notice distrust and suspicion on the part 
of the smaller toward the larger States. The representa- 
tives from the smaller States insisted that, inasmuch as the 
convention was forming a union of sovereign States, each 
of the States should have an equal representation in Con- 

* See Critical Period of American History, by John Fiske. 



46 FEDERAL GOVERNMENT 

gress, while on behalf of the larger States it was urged that 
the number of representatives from each State should be 
based upon its population. 

This dispute was compromised by giving to each of the 
States an equal representation in the Senate, and providing 
that in the House of Representatives the number of mem- 
bers from each State should be determined by the popula- 
tion. The two remaining questions which provoked serious 
discussion were whether or not the slave trade should be 
permitted to continue, and how slaves should be counted in 
estimating the population of a state as a basis for determin- 
ing the number of members to which it should be entitled 
in the House of Representatives. These questions were of 
immense importance at that time, but owing to the com- 
plete abolition of slavery in this country, they are now inter- 
esting to us only as matters of history. 

This convention was one of the most remarkable bodies 
that ever met, both on account of the momentous work 
accomplished by it, and by reason of the personnel of 
its members, among whom may be mentioned Washing- 
ton, Randolph and Madison from Virginia; Alexander 
Hamilton from New York ; Benjamin Franklin and the two 
Morrises from Pennsylvania; John Rutledge and the two 
Pinckneys from South Carolina; Roger Sherman from 
Connecticut — and many others, all constituting an assem- 
blage of political thinkers whose sagacity has never been 
surpassed. 

On September 17, 1787, the convention completed its 
labors, and, after the members had signed the new consti- 
tution, "it dissolved itself by an adjournment sine die" 
The journal kept by Mr. Madison gives some hint of the 
impressiveness of the occasion by concluding with the fol- 
lowing narrative : 



FORMATION OF THE UNION 47 

"Whilst the last members were signing, Doctor Frank- 
lin, looking toward the President's chair, at the back of 
which a rising sun happened to be painted, observed to a 
few members near him that painters had found it difficult 
to distinguish, in their art, a rising from a setting sun. 'I 
have/ said he, 'often and often, in the course of the session, 
and the vicissitudes of my hopes and fears as to its issue, 
looked at that behind the President, without being able to 
tell whether it was rising or setting ; but now, at length, I 
have the happiness to know that it is a rising and not a 
setting sun/ " 

The happy prognostication of the venerable philosopher 
and patriot has proved to be true, for, after more than a 
century of trial, under varying conditions and unforeseen 
dangers, the American Constitution has come to be re- 
garded as a masterpiece of political wisdom, not only by 
those who directly enjoy its benefits, but by students of 
political institutions throughout the world. Encomiums 
without number have been lavished upon it, but none is 
more forcible and sincere than the words of the English 
statesman, Mr. Gladstone, who says: 

"As far as I can see, the American Constitution is the 
most wonderful work ever struck off at one time by the 
brain and purpose of man." 

Equally significant are the following words of Mr. 
Froude, the great English historian : 

"The problem of how to combine a number of self-gov- 
erned communities into a single commonwealth, which 
now lies before Englishmen who desire to see a federation 
of the Empire, has been solved, and solved completely, in 
the American Union. The bond which, at the Declaration 
of Independence, was looser than that which now connects 
Australia and England, became strengthened by time and 



48 FEDERAL GOVERNMENT 

custom. The attempt to break it was successfully resisted 
by the sword, and the American Republic is, and is to con- 
tinue, so far as reasonable foresight can anticipate, one 
and henceforth indissoluble. " 

These are the words of disinterested critics and there- 
fore cannot be attributed to patriotic enthusiasm. 

The constitution was finally ratified by the requisite 
number of States in June, 1788, and since that time it has 
been the supreme law of the land. 



CHAPTER VI. 
OUTLINE OF THE FEDERAL GOVERNMENT. 

The preamble of the constitution states, within its few 
lines, that it is the act of the people of the United States in 
whom the sovereign power is vested, and also shows, in 
remarkably small compass, the legitimate objects for which 
governments exist.* 

The best government is that which secures such objects 
as are mentioned in the preamble with the least sacrifice of 
personal rights on behalf of the citizens, and the least inter- 
ference with local affairs on the part of the general gov- 
ernment. 

In commencing our study of the Constitution, we notice 
the division of the government into three branches — legis- 
lative, executive and judicial — and observe that the scope 
of each of these departments is strictly defined, so that 
there may be no dispute between the different branches as 
to the duties with which each is charged by the constitu- 
tion. 

The legislative powers of the government are vested in 
a Congress of the United States, consisting of a Senate 
and House of Representatives, the Senate being desig- 
nated sometimes as the upper house and the House of 
Representatives as the lower house of Congress. Con- 
gress must assemble at least once in each year, and the 

♦For text of preamble, see Appendix A. 

(49) 



50 FEDERAL GOVERNMENT 

session commences on the first Monday in December at 
the City of Washington. 

House of Representatives.— The House of Repre- 
sentatives is composed of members chosen every second 
year by the people of the different States. To be eligible for 
the office of representative in Congress a person must be at 
least twenty-five years of age and have been for seven years 
a citizen of the United States, and must be an inhabitant of 
the State from which he is chosen. The number of repre- 
sentatives to which any particular State is entitled depends 
upon the population of the State, the only persons excluded 
in determining the number of representatives at this time 
being Indians. 

At the time of the adoption of the Constitution each State 
was allowed one representative for every 30,000 of popula- 
tion, but every State having a population of less than 30,- 
000 was entitled to one representative. At the present time 
the ratio of representation is determined by the census of 
1890, and each State is allowed one representative for ap- 
proximately every 175,000 of inhabitants. The Constitu- 
tion makes no provision for the appointment of any officers 
of the House of Representatives except the presiding of- 
ficer, who is called the Speaker, and who must be a member 
of the House. Other officers, such as the Clerk, Sergeant 
at Arms and Chaplain, are not members of the House. 

Senate. — The Senate of the United States is composed 
of two Senators from each State, chosen by the State Leg- 
islature for a term of six years. The members of the first 
Senate were divided into three classes, holding their offices 
respectively for terms of two, four and six years, so that 
the term of office of one-third of the Senators expires every 
second year, and it consequently never happens that the 
Senate is composed entirely of new members. In case the 



THE FEDERAL GOVERNMENT 51 

office of Senator from any State becomes vacant while 
the legislature of the State is not in session, the governor 
has power to make a temporary appointment until the leg- 
islature meets. It has generally been held that the gov- 
ernor does not have power to make a temporary appoint- 
ment in case of vacancies occasioned by a failure of the 
legislature to elect, although in recent years several such 
appointments have been attempted to be made. 

The qualifications of a Senator are that he must be at 
least thirty years of age and must have been a citizen of the 
United States for nine years, and must be an inhabitant of 
the State from which he is chosen. The Vice-President of 
the United States is the presiding officer of the Senate, but 
he has no vote unless the Senate is equally divided. All 
other officers of the Senate are chosen by the Senators, and 
among them is a president pro tempore, who presides in the 
absence of the Vice-President and performs all of the duties 
of the Vice-President in case the Vice-President is required 
to exercise the duties of the President, as was the case 
when Chester A. Arthur became President of the United 
States by reason of the death of President Garfield. 

Executive Department. — The executive power of the 
government is vested in the President, who holds his office 
for four years. No person can be President of the United 
States except a natural-born citizen who has attained the age 
of thirty-five years and who has been for fourteen years a 
resident within the United States. In case of the removal of 
the President from office or of his death, resignation or in- 
ability to act, all of the duties of the office devolve upon 
the Vice-President, and Congress has power to provide by 
law who shall act in case of the death, resignation or dis- 
ability of both President and Vice-President. In such case 
an Act of Congress, passed in the year 1886, has determined 



52 FEDERAL GOVERNMENT 

that the presidential office shall devolve upon the officers 
composing the President's cabinet, in the following order : 
Secretary of State, Secretary of the Treasury, Secretary of 
War, Attorney-General, Postmaster-General, Secretary of 
the Navy, Secretary of the Interior. 

Method of Electing the President. — The method of 
electing a President and Vice-President is a peculiar one, 
which was devised by the framers of the Constitution to 
avoid submitting to a popular vote the election of these 
important officers, they deeming it unsafe to leave to the 
excitement of a political campaign the question of deter- 
mining who shall occupy these positions. Accordingly 
they devised a scheme known as the Electoral College, un- 
der which each State chooses a number of electors equal to 
the number of Senators and Representatives to which the 
State is entitled in Congress. 

These electors are chosen by popular vote, and shortly 
after their election they are required to meet in their re- 
spective States and vote by ballot for President and Vice- 
President, one of whom at least shall not be an inhabitant 
of the same State with themselves, naming in their ballots 
the person voted for as President and in distinct ballots 
the person voted for as Vice-President. After they have 
voted, three lists are made of all persons voted for as Pres- 
ident and Vice-President, with the number of votes for 
each. These lists are signed and certified by the electors 
and sent to the Capitol of the United States at Washing- 
ton, directed to the President of the Senate. 

The method of transmitting these certified lists to the 
President of the Senate is interesting. One copy is deliv- 
ered to him at Washington by a special messenger before 
the first Wednesday in January succeeding the election; 
another is sent to him by mail ; and the third is committed 



THE FEDERAL GOVERNMENT 53 

to the custody of the judge of the district, to be delivered 
by him to the Secretary of State, in case neither of the other 
certificates has been received by the proper officer at Wash- 
ington before the first Wednesday in January. 

Counting the Vote. — The President of the Senate is 
required to open the certificates in the presence of the Sen- 
ate and House of Representatives and count the votes. The 
person having the greatest number of votes for President 
is elected, provided such a number be a majority of the 
whole number of electors. If no person has such a majority, 
then from the persons having the highest number of votes, 
not exceeding three, on the list of those voted for as Pres- 
ident, the House of Representatives shall choose by ballot 
the President, but in voting for President the House votes 
by States, each State being entitled to one vote. 

In a similar manner the person having the greatest num- 
ber of votes as Vice-President shall be the Vice-President, 
if such number be a majority of the whole number of elec- 
tors, and if no person has a majority then the Vice-Pres- 
ident is chosen by the Senate from the two highest numbers 
on the list. No person can be elected to the office of Vice- 
President unless he has all the qualifications necessary to 
make him eligible for the office of President. 

Judicial Department. — The judicial department of the 
United States is vested in one Supreme Court and in such 
inferior courts as Congress from time to time shall estab- 
lish. All of the judges of these courts hold their offices 
during good behavior, consequently an appointment to an 
office of this kind is highly prized, for it is practically an 
office for life. The jurisdiction of the United States courts 
extends to two classes of cases, one class being dependent 
upon the laws applicable to the case, and the other class 
being dependent upon the character of the persons engaged 



54 FEDERAL GOVERNMENT 

in the litigation. Among the first class of cases are those 
arising under the Constitution of the United States, the 
laws of Congress and the treaties between the United States 
and foreign governments, and under the second class are 
included cases affecting ambassadors and other public min- 
isters and consuls and the controversies in which the United 
States or any of the States shall be a party, and between 
citizens of the different States or of foreign States. 

Treason. — In connection with the judicial department 
it is proper to note the only crime against the United States 
which is defined by the Constitution — viz : the crime of trea- 
son, which consists solely in levying war against the United 
States or in adhering to its enemies, giving them aid and 
comfort. In former times treason has had a much wider 
definition, and history is filled with accounts of persons who 
have been condemned to death or to severe penalties for 
committing comparatively small offenses, because these of- 
fenses happened to be within a category of crimes any one 
of which constituted treason. For this reason the framers 
of the Constitution no doubt thought it necessary for the 
protection of future generations that the meaning of the 
word treason should be definitely established. 

This, in brief, is an outline of the framework of the gov- 
ernment of the United States, and its simplicity is probably 
its most notable feature. In subsequent chapters we shall 
show in detail the powers and duties of each of the depart- 
ments of the government, and, as we proceed, the wisdom 
of the framers of the Constitution will become more and 
more apparent, in devising a scheme of government based 
upon the requirements of a nation having a few millions 
of inhabitants, but which has been found sufficient to meet 
all the requirements for so many years, with all the changes 



THE FEDERAL GOVERNMENT 55 

resulting from an enormous increase in population and the 
difference in conditions existing between life at the present 
day and that of ioo years ago. 



Note: In connection with the study of this chapter frequent reference 
should be had to the text of the Constitution, which will be found in Ap- 
Dendix A. 



CHAPTER VII. 
THE POWERS OF CONGRESS. 

The powers of Congress are so numerous and important 
as to require special attention and explanation, otherwise 
the few brief paragraphs in the Constitution containing the 
grant of these powers will not be fully understood, and the 
student will fail to obtain a full comprehension of the wide 
range of subjects upon which Congress is authorized to 
legislate. 

Taxation. — The power of levying taxes is one of the in- 
dispensable attributes of sovereignty, because no govern- 
ment can exist unless it is able to raise the necessary funds 
for its support. Probably from these considerations the 
first power granted to Congress by the Constitution was 
the power to lay and collect taxes, duties, imposts and ex- 
cises, subject to the single condition that they shall be uni- 
form throughout the United States. All of the laws en- 
acted by Congress upon the subject of taxation are based 
upon the authority conferred by these few words. 

Duties and Excises. — A tax may be defined as that 
portion of his property which each citizen is obliged to 
contribute for the support of the government. Duties, 
imposts and excises are different kinds of taxes, each word 
having a distinct meaning indicating the nature of the tax 
designated by it. Duties are taxes imposed by the gov- 
ernment upon the importation and sometimes upon the ex- 
portation of merchandise. An impost is another term 

(56) 



THE POWERS OF CONGRESS 57 

used to designate a tax on imported goods, having prac- 
tically the same signification as the word duty. Excises 
are also called internal revenue taxes and are laid upon a 
few articles produced, manufactured or sold in this country, 
principally tobacco, cigars and distilled liquors. 

In times of peace all of the revenues of the United States 
government are derived from duties and excises, but in 
times of war, when the government is under increased ex- 
pense, a great variety of additional internal revenue taxes 
is imposed in order to pay for the cost of supporting the 
army and navy and carrying on military and naval opera- 
tions, often costing several millions of dollars each day. 

Tariff. — Duties are collected by government collectors, 
who are stationed at all of the important seaports and bor- 
der towns, who inspect all merchandise brought into the 
country, determine the amount of tax upon each article 
and see that the tax is paid before the articles are delivered 
to their respective owners. A list of the articles upon 
which a duty is charged, together with the rate of duty 
upon each of such articles, is called a tariff, and the govern- 
ment office where the business incident to the collection of 
duties is transacted is called a custom house. 

Indirect Taxes. — Taxes of this kind are called indirect 
taxes, because they are finally paid by the person who pur- 
chases the imported goods for his own use. For instance, 
a merchant in the United States purchases silk ribbon in 
France at the rate of twenty-five cents per yard. Upon its 
arrival in this country he is obliged to pay a duty at the rate 
of fifty per cent of its cost. A few weeks later he sells the 
ribbon over the counters of his retail store for a price suffi- 
cient to pay the original cost, together with the duty which 
he has paid, the cost of transportation and a reasonable 
profit for his labor and trouble. Thus, a lady who buys 



58 FEDERAL GOVERNMENT 

this ribbon to furnish decorations for her hat or dress indi- 
rectly pays the tax to the government. 

Direct Taxes.— Direct taxes are those which are im- 
posed upon specific kinds of property, such as land, houses, 
pianos, watches, jewelry, carriages or sewing machines. A 
poll tax is also a direct tax. The United States government 
levies no direct taxes whatever, but leaves that form of 
taxation to be employed by the States. 

Borrowing Money. — Closely connected with the power 
of raising money by taxation is the power to borrow 
money on the credit of the United States to meet the ex- 
penses of the government. It is seldom necessary for Con- 
gress to avail itself of this power in times of peace, be- 
cause, under ordinary circumstances, a well-devised system 
of taxation will provide sufficient revenue to carry on the 
government ; but when war occurs or for other reasons the 
government is put to extraordinary expenses, then Con- 
gress has the power to raise funds by borrowing. In such a 
contingency Congress enacts a law determining the amount 
of money to be borrowed, the nature of the securities, usu- 
ally bonds, to be given to the lenders, the rate of interest to 
be paid and the time and place for the payment of the prin- 
cipal and interest. When this has been done the securities 
are placed in the hands of the Secretary of the Treasury, 
who delivers them to the persons lending the money to the 
government. The credit of the United States government 
is so good that it never has any difficulty in borrowing 
enormous sums of money at a low rate of interest. 

Regulating Commerce. — The power to regulate com- 
merce with foreign nations, which is conferred upon Con- 
gress, is the source of a large number of laws enacted for 
the purpose of protecting American ships and controlling 
the conduct of sailors on board them, as well as caring 



THE POWERS OF CONGRESS 59 

for American commercial interests in foreign lands. To 
protect the commercial interests of our citizens in other 
countries, the government has agents called consuls sta- 
tioned at all important foreign ports, who perform all acts 
necessary to prevent fraud or injustice in the treatment of 
citizens of the United States. Under the same grant of 
power Congress has made provision for establishing light- 
houses, improving harbors, inspecting vessels, and has 
made many rules, such as those relating to quarantine and 
the employment of competent pilots, all of which are de- 
signed for the protection of our citizens and merchants. 

Inter-State Commerce. — Under the same clause of 
the Constitution, Congress is given power to regulate com- 
merce between the States, and in 1887 it exercised this 
power by passing a law, called the Inter-State Commerce 
Act, to afford relief from many of the abuses then prev- 
alent in connection with the management of the railroad 
systems of this country. By this law railroads are for- 
bidden to discriminate between persons by giving a lower 
freight rate to one shipper than to another, or to favor 
any particular city or locality by giving to it more advan- 
tageous freight rates than to another. 

They are also prevented from entering into combina- 
tions tending to destroy competition by keeping up the 
price of passenger transportation and freight charges, and 
it is made unlawful for them to attempt to influence public 
officers by giving them free passes. To provide for the 
enforcement of this law Congress created the Inter-State 
Commerce Commission, which is composed of five mem- 
bers, appointed by the President and called Commission- 
ers. This commission hears and determines all questions 
arising under the Inter-State Commerce Law, and is rap- 
idly becoming one of the most important tribunals in the 



60 FEDERAL GOVERNMENT 

whole country, owing to the number and magnitude of the 
matters coming before it for adjudication. 

Coining Money. — The next power of Congress which 
we shall notice is one with which the commercial interests 
of the country are deeply concerned — namely, the power to 
coin money and regulate the value thereof. No business 
of any kind can be transacted without money, which is a 
medium enabling a citizen to exchange one commodity for 
another. In civilized communities no one person produces 
everything which he needs for his own use, but devotes 
his energies to the production of a few articles only. The 
farmer raises more corn and potatoes than he can use, and 
the surplus he exchanges for clothing for himself and fam- 
ily and for other articles which he cannot produce on his 
farm. As it is not easy to find a person who has a stock of 
clothing which he wishes to exchange for corn or potatoes, 
the farmer accomplishes his purpose by selling his prod- 
ucts for money, and with that money he purchases such 
articles as he needs. 

Money may, therefore, be defined as a medium of ex- 
change in commercial transactions. It is also a standard for 
determining the value of all the different kinds of property. 
It follows that the money used must be of uniform value 
throughout the country, and that the monetary system must 
be fixed and certain. For this reason the United States 
government alone has the power to coin money and to is- 
sue bills and notes which circulate as money. 

Different Kinds of Money. — In the United States 
the standard of value is the gold dollar,* and to provide 
the money necessary to carry on the business transactions 
of the country Congress has, from time to time, enacted 



♦The gold dollar weighs 25.8 grains, of which 23.22 grains are pure gold 
and 2.58 grains are alloy. 



THE POWERS OF CONGRESS 61 

laws under which different kinds of money have come into 
use. 

Gold coins of various denominations are made at the 
United States mints, the most frequently used being the 
$20, $10 and $5 gold pieces. Uncoined gold in blocks and 
bars is equally valuable, and where large payments in gold 
are to be made is preferable because it is more easily han- 
dled and does not lose its value as gold coins do by the 
friction of one upon the other. Gold coin and gold bullion 
are also deposited in the United States Treasury and the 
depositor receives for his gold a kind of paper money 
called a gold certificate, certifying that gold equal in 
amount to the face of the certificate has been so deposited, 
and that the holder of the certificate can exchange it for 
gold at any time he wishes. These certificates are used for 
convenience, as gold in large quantities is a bulky com- 
modity and gold coin depreciates in value by the wear in- 
cident to constant handling. 

The United States government at the present time coins 
silver money of four denominations — the $1, 50-cent, 25- 
cent and 10-cent pieces, the last three being termed subsid- 
iary coins. Silver certificates are issued in the manner that 
has been described in speaking of gold certificates, but in 
smaller denominations. Silver bullion is not used as money, 
because the silver contained in a silver dollar is less valuable 
than the gold contained in a gold dollar, and consequently 
silver bullion is less valuable, according to its weight, than 
silver dollars. 

Minor coins, consisting of 5-cent pieces, or nickels, as 
they are ordinarily termed, and copper cents, are furnished, 
as they are convenient in small business transactions and 
their use is a matter of daily necessity. 

Treasury notes are promissory notes issued by the gov- 



62 FEDERAL GOVERNMENT 

ernment. They are sometimes called "greenbacks," and 
were first issued during the civil war. At first they were 
not exchangeable for gold or silver coin, and their value de- 
pended wholly upon the credit given to the government 
and the confidence of the public in the government's ability 
to pay its debts, for these notes w T ere evidences of govern- 
ment indebtedness, just as is the case with the promissory 
note of an individual. In the year 1879, provision was made 
by Congress for the redemption of these notes in coin, 
and for that purpose a reserve fund of $100,000,000 in 
gold coin or bullion is kept in the treasury at all times, and 
these notes are now just as valuable as gold or silver cer- 
tificates. 

National bank notes are a kind of money issued by na- 
tional banks throughout the country, but subject to condi- 
tions imposed by Congress. National banks are corpora- 
tions* organized under and by virtue of an Act of Con- 
gress. This act provides that a portion of the capital of 
the bank must be invested in bonds of the United States, 
which must be deposited in the United States Treasury. 
The banks are then allowed to issue their promissory notes 
to the extent of the face of the bonds deposited by them. 
These notes are payable in coin or greenbacks and circulate 
as money, because their payment is guaranteed by the gov- 
ernment, and consequently they are just as valuable as if 
they had been issued by the government itself. 



*A corporation is an institution, created by governmental power, composed 
of individuals and exercising powers and privileges not possessed by the 
persons composing it. The most important of these are continuous legal 
identity and perpetual succession under the corporate name, notwithstanding 
the changes in the members by death or otherwise. Chief Justice Marshall 
said: "A corporation is an artificial being, invisible, intangible and existing 
only in contemplation of law." 

A large portion of the business transactions of the present day is trans- 
acted by corporations, such as banks and insurance, railroad and telegraph 
companies and other organizations in almost every branch of industry. 



THE POWERS OF CONGRESS 63 

Patents and Copyrights. — Congress has power to 
protect inventors and authors by securing to them for lim- 
ited periods the exclusive right to their respective inven- 
tions and writings. The wisdom of granting such protec- 
tion as this to promote the progress of science and the use- 
ful arts is manifest, for advancement in civilization and 
power goes hand in hand with the progress of science. In 
exercising these powers, Congress furnishes protection to 
an inventor by granting him a patent upon his invention, 
and to an author or artist by giving him a copyright on his 
writings or drawings. 

A patent is an instrument in writing by which the United 
States Government guarantees to an inventor the exclu- 
sive right to manufacture and sell his invention for a pe- 
riod of seventeen years. The granting of patents is under 
the charge of the Commissioner of Patents, whose office is 
a branch of the executive department of the government. 

A copyright secures to an author or artist the exclusive 
right to print, publish, manufacture and sell his writings 
or works of art for the period of twenty-eight years, at the 
expiration of which it may be renewed for an additional pe- 
riod of fourteen years. Copyrights are granted by the Li- 
brarian of Congress, who is an independent executive offi- 
cer directly under the control of Congress and not at- 
tached to any of the executive departments. 

Bankruptcy. — The power of Congress to establish uni- 
form laws on the subject of bankruptcy throughout the 
United States is one that has recently been exercised by 
the enactment of a law called the National Bankruptcy 
Law. A bankrupt is a person who, through business mis- 
fortunes or for other reasons, is unable to pay his debts, or 
whose debts are greater in amount than the value of all of 
his property. Under such circumstances it is right and 



64 FEDERAL GOVERNMENT 

just that the debtor should surrender all of his property to 
his creditors to be divided among them in proportion to 
their respective claims, and, having done so honestly, that 
he should be released and discharged from all further obli- 
gation to pay the balance of his debts. In this way, all 
creditors alike are enabled to secure their just proportion 
of the debtor's assets and the debtor is allowed to com- 
mence business anew. To secure these results the present 
bankruptcy law was passed and is now in operation under 
the control of the various District Courts of the United 
States. 

Naturalization. — Another very important power con- 
ferred upon Congress is that of establishing a uniform 
rule of naturalization — that is, of determining in what 
manner and under what conditions persons born in foreign 
countries may become citizens of the United States. These 
rules should be the same in all States, because the Con- 
stitution declares that the citizens of each State shall have 
all the privileges of citizens of every other State. There- 
fore, in order to secure this uniformity, it follows that nat- 
uralization laws must be enacted by the United States Gov- 
ernment. 

These laws require that the subject of * foreign state 
who wishes to become a citizen of the United States must 
make a declaration of his intention in that behalf under 
oath before a court of competent jurisdiction. When this 
has been done, a record is made of the declaration and a 
certificate showing the proceeding is given to the appli- 
cant. After the expiration of at least two years, the process 
is completed by applying to the court for a final certificate 
of naturalization. At this time the applicant is required 
to prove by a credible witness that he has resided in the 



THE POWERS OF CONGRESS 65 

United States at least five years, and in the State where 
the application is made at least one year ; that his moral 
character has been good during this period, and that he is 
attached to the principles of the Constitution and well dis- 
posed toward the Government of the United States. The 
candidate for citizenship should have a fair knowledge of 
the Constitution and government of this country. After 
this proof has been made, the applicant is required to take 
an oath in which he renounces allegiance to all foreign 
powers and potentates, specifying in particular the one to 
which he has been subject, and declares that he will sup- 
port the Constitution of the United States. The process is 
now complete and a certificate of naturalization and citi- 
zenship is given to the applicant by the court in which the 
proof has been made. 

An applicant for citizenship who came to this country 
before he was eighteen years of age is not required to make 
the original declaration of intention, and soldiers in the 
United States army who have been honorably discharged 
may take the oath of allegiance after one year's residence 
in this country. 

Territorial Government. — The fundamental law of all 
territories of the United States is the Constitution, but 
the form of government of a territory is determined by 
Congress. The power of organizing the government of a 
territory is vested in Congress by a few words of the Con- 
stitution, authorizing that body to "make all needful rules 
and regulations respecting the territory or other property 
belonging to the United States."* 

The political rights granted to the inhabitants of a ter- 
ritory depend upon many considerations, among which are 



*See Sec. 3, Article IV, of Constitution. 
6 



©6 FEDERAL GOVERNMENT 

the extent and character of the population, the education 
of the people and their ability to manage local affairs. 

It is, therefore, impossible to describe in detail the form 
of government employed in the territories, because it has 
differed somewhat in each case. Generally speaking, the 
right of local self-government has been recognized by 
Congress, but the people of the territory have no voice in 
federal affairs. A Territory has no constitution, its place 
being supplied by the act of Congress under which the 
Territory is organized. This act usually determines the 
qualifications of voters, describes the powers of the Terri- 
torial government, provides for the appointment of a gov- 
ernor and judges by the President, and establishes legisla- 
tive, judicial and executive departments, limiting and defin- 
ing their powers and relations to each other.* 

Classification of Powers of Congress. — The powers 
conferred upon Congress are for the most part enumer- 
ated in Section 8 of Article I of the Constitution, and so 
concise and explicit is the language employed that it is dif- 
ficult to find a single superfluous word in the entire sec- 
tion. It is, therefore, necessary that every student of the 
Constitution should be familiar with the contents of this 
section, as well as a few other sections containing grants of 
power to the United States Government. To assist in at- 
taining this familiarity without attempting to memorize the 
text of the Constitution, the following classification of the 
powers of the United States Government, made by a dis- 
tinguished commentator, who was one of the framers of 
the document, will be found to be useful, the basis of clas- 
sification being the objects sought to be accomplished by 
the granting of the various powers : 

*See Chapter XIII for brief description of the government of the North- 
west Territory. 



THE POWERS OF CONGRESS 67 

1. Powers granted in order to afford security against 
foreign danger, among which may be included those of de- 
claring war, raising and supporting armies, providing and 
maintaining a navy, making rules for the government of 
the land and naval forces, and levying taxes and borrowing 
money. 

2. Powers necessary for the regulation of intercourse 
with foreign nations, which include the power to regulate 
foreign commerce, to define and punish piracy and other 
offenses against the law of nations, and certain powers 
vested in the executive branch of the government relating 
to the making of treaties and sending ambassadors, minis- 
ters and consuls to foreign nations. 

3. Those powers which have for their object the main- 
tenance of harmony and proper intercourse among the 
States. This class is the most numerous of all, and in it 
may be included the powers to regulate commerce among 
the several States ; to coin money and regulate its value ; 
to provide for the punishment of counterfeiting the securi- 
ties and coin of the United States ; to establish a uniform 
rule of naturalization and bankruptcy laws; to establish 
postoffices and post roads ; and also certain restraints upon 
the power of the States and certain judicial powers, which 
will be described hereafter. 

4. Powers for the promotion of certain miscellaneous 
objects of general public utility. This class includes the 
power to protect inventors and authors by granting pat- 
ents and copyrights ; the power to exercise exclusive legis- 
lation over the territory known as the District of Columbia, 
in which the seat of the government is located, and a simi- 
lar authority over all forts, arsenals, magazines, dock- 
yards and other needful buildings; to declare the punish- 
ment of treason ; and certain powers relating to the gov- 



68 FEDERAL GOVERNMENT 

ernmcnt of States and Territories, and to the admission of 
new States into the Union. 

5. Certain provisions enabling Congress to exercise ef- 
ficiently the powers given to it. The first of these provi- 
sions gives to Congress the power to make all needful laws 
for carrying into execution the foregoing powers and all 
other powers vested by the Constitution in the Government 
of the United States, or any of its departments or officers, 
and the second is that provision which makes the Consti- 
tution and laws of the United States the supreme law of the 
land, notwithstanding anything to the contrary contained 
in the Constitution and laws of any State. 



Note.— The classification above given is adapted from articles in The Fed- 
eralist, of which James Madison was the author. 



CHAPTER VI1L 
THE EXECUTIVE DEPARTMENT. 

The few sections of the Constitution relating to the ex- 
ecutive department give but a slight idea of the number 
and importance of the duties discharged by this branch of 
the government, and if we confined our investigation solely 
to a consideration of the functions of those executive offices 
created by the Constitution, we should be limited to the 
President and Vice-President, who are the only officers of 
that department therein mentioned. Bearing in mind that 
the members of the President's Cabinet, eight in number, 
the heads of numerous bureaus and departments, commis- 
sioners of various kinds, the general-in-chief of the army 
and his subordinates, the admiral of the navy and many 
others, all are executive officers, it may seem strange that 
the framers of the Constitution neglected to embody in that 
document more detailed provisions as to this department. 

On the other hand, recollecting that in 1789 the nation 
had a population of only a few million inhabitants and that 
the essential framework of a government for the country 
in those days was simple as compared with the require- 
ments of the present day, it is an additional evidence of the 
wisdom of our forefathers that they did not attempt to pro- 
vide in express terms all of the details of the executive 
branch of the government which might be rendered neces- 
sary by the change in conditions incident to the growth 
and development of a century of progress. 

(69) 



70 FEDERAL GOVERNMENT 

The framers of the Constitution vested the executive 
power in the President alone, giving him authority to ap- 
point certain other executive officers, but had sufficient fore- 
sight to leave with Congress power to create such other 
offices, subordinate to the President, as future circumstances 
might require. Therefore, the executive department as it 
exists to-day and the duties of all executive officers, with 
the exception of the President and Vice-President, are de- 
pendent upon acts of Congress and not upon provisions 
of the Constitution. 

POWERS AND DUTIES OF THE PRESIDENT. 

Commander-in-Chief. — The President, by virtue of his 
office, is commander-in-chief of the army and navy and of 
the militia of the various States when called into the actual 
service of the United States. It has happened in many 
cases that the President has been a man of military experi- 
ence and well qualified to act as commander of the army, 
but the office has never been filled by a man having a naval 
training, and in most cases the President has not been quali- 
fied by personal experience to command either the army or 
the navy. Therefore, the actual management of these 
branches of the government is left to the war and navy 
departments, while the President, as commander-in-chief, 
appoints the heads of these departments and other subordi- 
nate officers. He also has the power of assigning officers 
of the army and navy to their stations and duties and of 
controlling the movements of both branches of the service 
and of determining the plans to be followed and the policy 
to be pursued in their management. 

Opinions of Executive Officers. — To aid and guide 
him in the discharge of his duties he may require the opin- 



THE EXECUTIVE DEPARTMENT fl 

ion in writing of the head of any of the executive depart- 
ments upon any subject relating to the duties of the depart- 
ment, and thus he is able at all times to obtain expert ad- 
vice upon questions concerning which he may not have per- 
sonal knowledge. The power thus given to the President 
to demand this assistance implies a requirement that the 
officer whose opinion is sought shall give it fully, honestly 
and exhaustively. 

Reprieves and Pardons. — The President can grant 
reprieves and pardons for offenses against the United 
States, except in cases of impeachment. A reprieve is an 
order delaying the execution of a sentence for a specified 
time, and a pardon is a grant of complete absolution from 
the consequences of criminal offense. Under monarchical 
governments the power of granting reprieves and pardons 
is a royal prerogative and is exercised only by the sover- 
eign. 

Treaties. — With respect to the relations between our 
government and foreign nations, the President is charged 
with the exercise of powers and the discharge of duties of 
great importance. He has the power of making treaties, 
which are agreements between two or more nations relat- 
ing to matters which concern the welfare of the inhabitants 
of the contracting nations, such as commerce, boundaries, 
claims of citizens of one country against the government 
of another, the rights of a citizen of one country to acquire 
and hold property within the territory of another, the mak- 
ing and preservation of peace and the extradition of crim- 
inals. 

While the President has the power of making a treaty, 
he does not personally conduct the negotiations with a for- 
eign country, but appoints one or more persons, who meet 
with the representatives of the foreign power and discuss 



78 FEDERAL GOVERNMENT 

the subject matter of the treaty, acting at all times under 
the direction of the President. In order to negotiate a 
treaty it is necessary that a single officer should have the 
power of representing the government, hence this power is 
given to the President. But treaties as well as the Consti- 
tution are the supreme law of the land, and a treaty has all 
the effect of a law in regulating the dealings of the citizens 
of the different countries with each other; therefore, the 
legislative branch of the government should be consulted 
in the making of laws of so much importance. Hence the 
Constitution provides that, before any treaty can become 
operative, it must receive the consent and approval of two- 
thirds of the Senators of the United States. 

Ambassadors and Ministers.— With the advice and 
consent of the Senate the President appoints ambassadors 
and other public ministers and consuls, who represent the 
interests of our country at the capitals and principal cities 
of all the nations of the world. He also receives the am- 
bassadors and public ministers from other countries who 
are accredited to our government. Every civilized nation 
sends a representative to each country with which it is on 
friendly terms, for the purpose of carrying on negotiations 
and protecting the interests of the nation and its people 
in the foreign land. This system is called the diplomatic 
service. The officers in the diplomatic service of our gov- 
ernment are of four grades — ambassadors, who represent 
our country at the most important capitals, such as those 
of England, France, Germany, Mexico and Russia ; envoys 
extraordinary and ministers plenipotentiary, who are sent to 
those countries which are not represented at our capital 
by ambassadors ; ministers resident, who are officers of a 
lower rank than the two preceding and are our represent- 
atives at the capitals of second-rate powers; and charges 



THE EXECUTIVE DEPARTMENT 73 

d'affaires, who are accredited to those countries with which 
we have but few relations. 

Consuls. — Consuls are officers of a different class, ap- 
pointed by the President. They are not diplomatic agents 
of the government, but may properly be called its commer- 
cial agents, whose duty it is to protect our commercial in- 
terests in foreign countries and our vessels, seamen and 
citizens and their property in foreign ports. They are of 
three grades — consuls-general, consuls and consular agents 
— the classification being based upon the relative importance 
of the places at which they are stationed. A consul must re- 
ceive from the government of the country in which he is 
located a document granting him permission to enter upon 
his duties. This document is called an exequatur, and in 
our country it is issued to foreign consuls through the of- 
fice of the Secretary of State. 

Consuls have many duties to perform, among which may 
be mentioned — taking care of destitute American sailors, 
certifying shipments of merchandise, examining emigrants, 
certifying the proper execution of legal documents and fur- 
nishing to their own government monthly reports upon mat- 
ters of commercial or political interest. 

Power of Appointment. — The Constitution also gives 
to the President the power of appointing all other officers 
of the United States except those whose selection is regu- 
lated by the Constitution, but reserves to Congress the right 
of determining whether or not the appointment of inferior 
officers shall be made by the President alone, by the courts 
of law or by the heads of departments. In the exercise of 
his power the President appoints a vast number of officers, 
such as judges of the different United States courts and 
other officers connected with the administration of justice, 
district attorneys, marshals and commissioners of various 



74 FEDERAL GOVERNMENT 

kinds, the members of his Cabinet and heads of depart- 
ments, collectors of customs and of internal revenue, the 
postmasters in large cities, officers of the army and navy, 
governors and judges for the territories and surveyors of 
public lands. It would require a volume by itself to explain 
in detail the duties of all of the officers appointed by the 
President, and therefore, except in the case of the more im- 
portant, the work of obtaining information on these mat- 
ters must be left for your own investigation. 

Messages. — The remaining duties of the President will 
not be given special attention, with the exception of the re- 
quirement that he shall, from time to time, give to Con- 
gress information of the state of the Union and recommend 
to its consideration such measures as he shall judge neces- 
sary and expedient. This is an important official duty, be- 
cause, owing to the close attention which the President is 
obliged to give to the affairs of the nation at all times, he 
is better informed as to what legislation is necessary and 
should be enacted than the members of Congress, who, dur- 
ing the interim between the sessions of that body, are 
largely concerned with their own private affairs. 

In fulfilling this duty the first two Presidents opened the 
sessions of Congress with an address delivered in person to 
both Houses, but after the lapse of a few years this practice 
was criticised as being an imitation of the address made by 
the King of Great Britain at the opening of Parliament; 
therefore it was abandoned during the administration of 
Thomas Jefferson, who inaugurated the custom of sending 
a written message to Congress to be read to both Houses 
at the opening of the session. 

It is usual for the President to review in his message, in 
general terms, such important matters connected with the 
administration of the government as he deems it proper to 



THE EXECUTIVE DEPARTMENT 75 

mention and to recommend such legislation as he thinks 
the necessities of the country demand. The acceptance or 
rejection of such recommendations depends largely upon 
the confidence which the members of Congress have in the 
President, and it frequently happens that his communication 
is practically ignored when a majority of the members of 
Congress belong to the opposite political party. 

His Responsibility. — It is the duty of the President 
to convene special sessions of Congress when extraordi- 
nary occasions may require, and to adjourn such sessions 
to any time which he may think proper. The responsibil- 
ity for the faithful execution of all of the laws of the United 
States devolves upon the President, and therefore he is held 
accountable for the negligence and mistakes of officers ap- 
pointed by him, although he personally may have had no 
connection with their acts. 

IMPEACHMENT. 

The President, Vice-President and all civil officers of 
the United States can be removed from office only by im- 
peachment for and conviction of treason, bribery or other 
high crimes and misdemeanors. The civil officers of the 
United States who are subject to removal from office by 
impeachment are all executive and judicial officers of the 
government, except officers of the army and navy. This 
does not include members of Congress nor officers of the 
State government, who are liable to impeachment by the 
State legislature for malfeasance in office. Officers of the 
army and navy who have been guilty of misconduct are 
tried and punished by a tribunal called a court-martial, 
which is composed of military or naval officers. 

Definition. — The words impeachment and conviction are 
used in the Constitution, and it is necessary to understand 



76 FEDERAL GOVERNMENT 

the difference in these words, since they are sometimes used 
improperly as being identical in meaning. An impeachment 
means a formal charge or accusation against an officer, and, 
except for the importance of the offense and the serious 
nature of the charge, impeachment is in no way different 
from any other form of legal accusation, as a complaint or 
indictment. Conviction means the judgment by which the 
person impeached is found guilty. 

Procedure. — The process by which a civil officer of the 
United States Government is impeached and the trial of the 
charges against him must be commenced by the House of 
Representatives, which, under the Constitution, has the sole 
power of impeachment. The first step in the proceeding is a 
resolution adopted by the House of Representatives, in 
which the person to be impeached and the office held by him 
and the offense of which he has been guilty are set forth in 
detail. Then a committee of the House of Representatives 
is appointed, whose duty it is to make a formal demand be- 
fore the Senate of the United States that the accused be 
summoned to answer the charges against him and required 
to appear before the Senate for trial. Then a committee 
of the House of Representatives is appointed to prepare the 
formal charges in writing against the officer, these charges 
being called Articles of Impeachment. Another committee 
of the House of Representatives is also appointed to act 
as prosecutors in the trial on behalf of the House of Repre- 
sentatives, which is the accusing body. 

The Senate is required by the Constitution to act as a 
court for the trial of cases of impeachment, and when so 
acting the members must take an oath as a jury does when 
hearing cases between private individuals. When the Pres- 
ident of the United States is under trial on articles of im- 
peachment, the Chief Justice of the United States Supreme 



THE EXECUTIVE DEPARTMENT 7? 

Court acts as the presiding officer of the Senate. This pro- 
vision was probably made for the reason that the Vice- 
President in such a case might be regarded as an interested 
party, since in case of the conviction of the President the 
honor and dignity of the presidential office would fall to 
him. 

The proceedings upon the trial of an officer under ar- 
ticles of impeachment are similar to those of a court of jus- 
tice, and after the evidence has been heard and the argu- 
ments of counsel have been made, each Senator is required 
to vote upon the question of whether the accused is guilty 
or not guilty of each specific charge made in the articles of 
impeachment. In case of a conviction in impeachment pro- 
ceedings, the Constitution requires that the guilty officer 
be removed from his position and disqualified forever from 
holding any office of honor, trust or profit, under the 
United States Government. After a conviction has been had 
in impeachment proceedings, if the officer has been guilty of 
offenses which are punishable by law he may be again tried 
and punished in an ordinary court of justice, the same as a 
private person. 



CHAPTER IX. 
BRANCHES OF EXECUTIVE DEPARTMENT. 

One of the chief functions of government is to enforce 
the laws uniformly throughout the entire country. This is 
performed by the executive branch, of which the President 
is the head, thus giving him the title of Chief Executive, 
by which he is sometimes designated. For administering 
the affairs of government the executive branch is divided 
into nine departments, called the Departments of State, 
Treasury, War, Navy, Interior, Postoflfice, Justice, Agricul- 
ture and Commerce and Labor. The Constitution mentions 
executive departments in only a few instances, but these al- 
lusions show that the framers of that instrument contem- 
plated the creation of these departments as necessity might 
require. It will be our aim to learn something in this chapter 
of the manner in which the work of administering the laws 
is divided among these nine subordinate branches and to 
understand the systematic way in which the various duties 
have been subdivided so that each officer, from the head of 
a department down to its humblest clerk, has his individual 
sphere of action perfectly defined. 

The Cabinet. — The head of each department, except 
Post Office and Justice, is called the Secretary of the 
Department. The head of the Post Office Department is 
called the Postmaster-General, and of the Department of 
Justice, the Attorney-General. The Secretaries of State, 
Treasury, War, Navy, Interior, Agriculture and Commerce 

(78) 



EXECUTIVE DEPARTMENT BRANCHES 79 

and Labor, together with the Postmaster-General and At- 
torney-General, constitute the President's Cabinet. This is 
an advisory body, which holds regular meetings to give the 
President information concerning the several departments 
and to recommend the methods to be employed in dealing 
with the numerous questions constantly arising in the gov- 
ernmental affairs of our wealthy and populous nation. The 
existence of the President's Cabinet is due rather to custom 
and necessity than to any provision of the Constitution or 
any law of Congress. While all of the offices held by mem- 
bers of the Cabinet have been created by laws of Congress, 
these laws make no provision for the association of the heads 
of the departments as a Cabinet. Therefore, as a body the 
Cabinet has no powers and duties except to advise and as- 
sist the President. 

Subordinate Officers. — Several of the departments 
have one or more assistant secretaries, the number of as- 
sistants being dependent upon the volume of business tran- 
sacted by the department. Each of the departments is 
divided into bureaus, the heads of which are called Com- 
missioners ; the bureaus are divided into divisions ; the head 
of each division is called the Chief; the clerical force of 
each division is assigned to various rooms under the charge 
of Chief Clerks. Each person employed in the departments 
has his specific duties to perform and each is responsible 
to his immediately superior officer. 

The Appointing Power. — The power of appointing 
these officers is vested by the Constitution in the President, 
unless Congress provides for their appointment by the 
heads of the departments or otherwise, and speaking gen- 
erally, all of these officers are appointed by the President or 
the heads of the different executive departments. 



80 FEDERAL GOVERNMENT 

This power of appointment to office is a matter of such 
vital interest to the citizens of our country that every one 
should know the manner in which it is exercised. In the 
early days of the republic civil officers who were honest and 
competent retained their positions through successive ad- 
ministrations, but even then the temptation to fill the offices 
with political friends caused some of the early Presidents 
to swerve from the strict line of duty. History records that 
President John Adams spent the last hours of his term of 
office in making appointments to important public positions, 
in order to forestall the action of Mr. Jefferson, who was to 
succeed him in a few hours. So zealous was he to complete 
the work that when the clock struck the hour which ended 
his term of office he was still at his desk, signing commis- 
sions as rapidly as they could be placed before him.* 

When Andrew Jackson became President in 1828 he at 
once removed a large number of clerks and subordinate of- 
ficers and appointed in their places persons belonging to 
his own political party, and with a zeal worthy of a better 
cause his example has been faithfully imitated as far as pos- 
sible by nearly every President who has succeeded him. 

This practice of regarding positions in the civil service of 
the government as the legitimate rewards of the party suc- 
cessful at the polls became subversive of good government, 
because the inevitable tendency was to repay an active polit- 
ical worker for his labors by appointing him to an important 
public office instead of making honesty and competency the 
sole qualifications. After many years of discussion and 
agitation, Congress enacted the Civil Service Law, which 
requires that appointments to public office shall be based 
upon merit alone and that they shall not be distributed as 
rewards for political services. 



♦Morse's Life of Jefferson. 



EXECUTIVE DEPARTMENT BRANCHES 81 

The Civil Service Law. — This law was enacted in the 
year 1883. It provides that the President shall appoint 
three commissioners, no more than two of whom shall be- 
long to the same political party. They are called Civil 
Service Commissioners, and it is their duty to carry into 
effect the provisions of the Civil Service Law. Therefore, 
they are executive officers. 

This law requires the commissioners to hold suitable 
examinations for testing the qualifications of applicants for 
positions in the various branches of the public service, and 
compels the officer who is given the power of appointment 
to make his selections from lists of those persons who have 
passed the required examinations. The law also protects 
employees of the government who have been appointed in 
this way, by forbidding their removal from office except for 
good cause. 

A very large proportion of the subordinate executive of- 
ficers of the government are subject to the provisions of 
this law, but the right to appoint heads of departments 
and many other officers filling positions of great im- 
portance still remains vested in the President. 

Department of State. — The first Congress which met 
after the adoption of the present Constitution created the 
Department of State by a law enacted on January 27, 1789. 
The head of this department is the Secretary of State, who 
ranks first among the members of the Cabinet. He is 
sometimes called the prime minister, or premier, names 
borrowed from the English governmental vocabulary, 
which cannot properly be applied to the Secretary of State, 
for the reason that his duties have but little in common 
with those of the English prime minister. 

The Secretary of State is the minister of foreign affairs, 
and has charge of all correspondence and negotiations 



82 FEDERAL GOVERNMENT 

with the representatives of foreign governments. He is 
the head of our diplomatic and consular service, and gives 
instructions to our ambassadors, ministers and consuls. It 
is his duty to keep in his custody all treaties with foreign 
countries, as well as the laws and resolutions of Congress 
and the proclamations of the President. He is the keeper ' 
of the great seal of the United States and attaches it to all 
documents which are required to be authenticated in that 
way, as presidential proclamations, official commissions 
and requisitions for the extradition of fugitives from jus- 
tice. He publishes all of the laws and resolutions of Con- 
gress and is required to report to that body from time to 
time, giving such information as may be needed concern- 
ing the business of his department. There are also several 
Assistant Secretaries of State. 

The department is divided into seven bureaus, the most 
important of which are the diplomatic and consular, which 
have been sufficiently described in the preceding chapter. 

The Treasury. — The Treasury Department also was 
created by the first Congress of the United States by law 
enacted on September 2, 1789. The Secretary of the Treas- 
ury ranks next to the Secretary of State, and his duties are 
of the highest importance. He has entire charge and con- 
trol of the financial affairs of the government, and prac- 
tically all legislative acts upon monetary questions are based 
upon his recommendations. It is his duty each year to give 
to Congress such information and advice as will enable that 
body to act intelligently in making provisions for the collec- 
tion of a revenue sufficient to meet the expenses of govern- 
ment and protect the credit of the United States. 

He must superintend the collection of duties and internal 
revenue taxes, the coinage of money, the engraving of the 
different kinds of paper money in use; the engraving of 



EXECUTIVE DEPARTMENT BRANCHES 83 

bonds issued by the government and the payment of all 
obligations on the part of the government. He has charge 
of the Life-Saving Service, the government mints and assay 
offices, the marine hospitals and the erection of public 
buildings. 

The business of the Treasury Department, as indicated 
by its disbursements alone, is so enormous as to be almost 
beyond comprehension. During its existence it has paid 
out many billions of dollars and its transactions have always 
been so conducted as to furnish a just reason for national 
pride. 

The department is divided into a large number of divisions 
under the charge of chief officers, who are in immediate con- 
trol of a great number of subordinates, not only in Wash- 
ington, but in all parts of the country and in every place 
under the jurisdiction of the United States. So numerous 
are these officers that we can refer to only a few of them. 

The Treasurer of the United States receives and dis- 
burses all of the moneys of the government. He has 
charge of the entire treasury system, including the national 
treasury at Washington and the sub-treasuries which have 
been established in the various large cities of the coun- 
try for convenience in receiving and disbursing the money 
of the government. 

The Register of the Treasury has charge of the book- 
keeping and accounts of the government. The auditors 
examine and pass upon the accounts and expenses of the 
various branches of the government. The national bank- 
ing system is under the supervision of the Comptroller of 
the Currency. The Commissioner of Customs superin- 
tends the government custom houses and the collection of 
duties. 

Other important officers of the Treasury Department 



84 FEDERAL GOVERNMENT 

are the Commissioner of Internal Revenue, Superintendent 
of the Bureau of Printing and Engraving, Director of 
the Mint, Superintendent of the Life-Saving Service, Solic- 
itor of the Treasury, Supervising Architect, and Collectors 
of Customs and Internal Revenue. 

War Department — The third executive department, cre- 
ated by the first Congress is the War Department, which 
originated with an act of Congress passed in August, 1789. 
During Washington's administration the heads of the three 
departments of State, Treasury and War constituted the 
President's cabinet, and during that period the naval af- 
fairs were under the charge of the War Department. 

The War Department has control of the military affairs of 
the nation, and it also acts as a department of public works. 
In the latter capacity it superintends the construction of 
harbors, bridges, docks and breakwaters, and oversees the 
work of improving rivers and harbors, making them more 
suitable for navigation and expending therefor a large sum 
of money annually. This department has contributed 
greatly toward the advancement of education and science 
by conducting all of the exploring expeditions sent out by 
the government. 

Its Bureaus. — The Department of War, like the other 
executive departments, is divided into bureaus, the heads 
of which are officers of the United States Army. The most 
important of these officers are the Adjutant-General, who 
conducts the correspondence relating to the business of 
the department, issues orders to the commanders of the 
various divisions of the army and receives the reports of 
officers actually engaged in military duty; the Inspector- 
General, who inspects the condition of the army at all 
places where any part of it may be located, and examines 



EXECUTIVE DEPARTMENT BRANCHES 85 

the arms and general equipment of the soldiers, as well as 
the accounts of money spent on the maintenance of the 
forces ; the Quartermaster-General, who has control of the 
clothing and general army supplies ; the Commissary-Gen- 
eral, who superintends the purchase and distribution of 
food supplies for the army; the Surgeon-General, who is 
the chief medical and surgical officer and superintends the 
work of the numerous surgeons attached to the different 
military commands; the Chief of Engineers, under whose 
direction fortifications are constructed, bridges and docks 
are built, and harbors improved ; the Judge Advocate Gen- 
eral, the chief legal officer, who reviews all proceedings by 
court-martial and acts as the legal adviser of the depart- 
ment ; the Chief Signal Officer, whose subordinates do the 
work of sending messages by means of the heliograph and 
other systems of signals, as well as constructing telegraph 
lines when the army is actively operating in the field. 

The Army. — At the present time the regular army of the 
United States consists of about 65,000 men, in all branches 
of the service, commanded by the Lieutenant-General, 
who is Commander-in-Chief. In time of war the army is 
greatly increased in officers and men, but, as its numbers 
depend in such cases wholly upon the magnitude of the 
conflict, it follows that no general statement as to the size 
and organization of the army upon a war footing can be 
given which will be true in all cases. 

Navy Department. — The Navy Department was es- 
tablished April 30, 1798. The business of the department 
is distributed among eight bureaus, the heads of which are 
officers of the United States Navy. These bureaus are 
Yards and Docks, Equipment and Recruiting, Navigation, 
Ordnance, Construction and Repair, Steam Engineering, 



86 FEDERAL GOVERNMENT 

Provisions and Clothing, Medicine and Surgery. The gen- 
eral character of the duties performed by these bureaus is 
sufficiently indicated by their names, therefore no detailed 
explanation need be given. 

This department has charge of the Naval Academy at 
Annapolis and of the Naval Observatory at Washington. 
As a part of the work of the Navigation Bureau, it issues 
nautical charts, maps and books for the use of navigators.! 
It also publishes a nautical almanac for the guidance of 
sailors. 

Interior. — Tt was not until the year 1849 that the In- 
terior Department was created to assume control of various 
matters connected with the internal affairs of the country 
which did not come within the sphere of any of the depart- 
ments existing at that time. The heads of the bureaus into 
which this department is divided are called Commissioners, 
except in two cases, in which they are designated as Super- j 
intendents. 

General Land Office. — The Commissioner of the General 
Land Office has charge of all matters relating to the man4 
agement and disposal, by sale or otherwise, of the public 
lands of the United States. The importance of the trans-1 
actions which have taken place through the medium of 
this bureau will be apparent when we consider that about 
two thirds of the entire area of the country has been public 
land, the title to which was originally vested in the United 
States. 

In the Revolutionary days there were but six of the orig- 
inal thirteen colonies whose boundaries were established 
and defined beyond question. These were New Hampshire, 
Rhode Island, Maryland, Pennsylvania, New Jersey and 
Delaware, while the others claimed land extending west-j 
ward to an indefinite limit, even in some cases to the Pacific 



EXECUTIVE DEPARTMENT BRANCHES 87 

Ocean. The question of the disposition of these lands was 
one of the obstacles which delayed the formation of the 
Union, as those States which had no lands were exceed- 
ingly jealous of the claims of the others; but the dispute 
was finally settled by the agreement that all of these lands 
should be ceded to the United States Government. 

In addition to the vast western territory, the title to which 
was acquired by cession from the States, the national gov- 
ernment obtained enormous tracts by the purchase of Flor- 
ida from Spain, of Louisiana from France and of Alaska 
from Russia, and by still other additions made as the result 
of the war with Mexico. 

All of this enormous territory has been under the control 
of the Commissioner of the General Land Office, and nearly 
all of it has been transferred to private ownership by that 
officer, acting under the direction of Congress. To accom- 
plish the distribution of this land among individuals, the 
government has resorted to a variety of expedients. It has 
donated to each State which has been created in this terri- 
tory one section of land in each township for the support of 
the common schools, and has liberally endowed State uni- 
versities and agricultural colleges in these States by setting 
apart large areas of public lands for the support of these 
institutions. 

Bounties of public lands have been given to the soldiers 
and sailors of the United States for their support when they 
have been honorably discharged from service, and extensive 
grants have been made to States to enable them to build 
roads and canals; still other donations have been made to 
railroad companies for the purpose of aiding in the con- 
struction of railroads necessary for the development of the 
country. 



88 FEDERAL GOVERNMENT 

Many thousands of acres of the public lands of the United 
States have been sold for cash, and from this source the 
government has received several hundred millions of dol- 
lars. In other cases, lands aggregating thousands of acres 
have been donated to settlers upon their compliance with 
certain laws, which require persons receiving such grants 
to settle upon and improve the land. 

Pensions. — The Pension Bureau has charge of the grant- 
ing and payment of pensions to soldiers and sailors of 
the United States who have suffered injury or contracted 
disease while serving in its army or navy. A similar pro- 
vision is also made for the support of the widows and fam- 
ilies of soldiers and sailors. The government 'expends an- 
nually in the payment of pensions more than $100,000,000 
and the work of distributing this vast sum is performed 
under the direction of the Commissioner of Pensions, at the 
various pension agencies which have been established in dif- 
ferent parts of the country. 

Other Offices. — Other heads of bureaus of the Interior 
Department are the Commissioner of Patents, who super- 
intends the granting of patents to inventors; the Com- 
missioner of Indian Affairs, who has control of the support, 
government and education of the Indians now living within 
our borders, the Indians being regarded as wards of the 
government; the Commissioner of Railroads, who looks 
after the interest which the government has in several of the 
Pacific railroad companies, the government having aided 
in the construction of these railroads by grants of land and 
the loan of credit and money, which must be repaid by the 
companies; and the Superintendent of Public Documents, 
who controls the distribution of books and documents 
printed by the government. Two other important bureaus 
are those of Education and of Geological Survey, the 



EXECUTIVE DEPARTMENT BRANCHES 89 

former of which collects and distributes information upon 
educational matters, and the latter investigates the geolog- 
ical and mineralogical features of the different parts of the 
country and publishes reports giving the results of its in- 
vestigations. 

The Post Office Department. — Every one is more 
or less familiar with the workings of this department, for the 
reason that every citizen avails himself of its benefits in the 
transaction of his daily business. This department was 
established in 1789, but the Postmaster-General did not be- 
come a member of the Cabinet until President Jackson's 
administration in 1829. 

He has charge and control of the mail service of the 
government, which provides for the transmission of letters, 
newspapers, periodicals and small packages to all parts of 
the world, and has power to award contracts to railroad 
and steamship lines to do this work. He also establishes 
postoffices and appoints postmasters in places, where the 
salary paid does not exceed $1,000 per year. In other places 
the postmasters are appointed by the President and con- 
firmed by the Senate. 

Justice. — The Department of Justice has been repre- 
sented in the federal government ever since the year 1789, 
when the office of Attorney-General was created, but this 
officer did not become a member of the Cabinet until the 
year 1870. 

The Attorney-General is the chief legal officer of the 
government. He advises the President upon all legal mat- 
ters concerning which his opinion is sought; controls and 
manages, on behalf of the government, all litigation in 
which the United States is interested, and directs Marshals, 
District Attorneys and other law officers of the government 
in the performance of their duties. 



90 FEDERAL GOVERNMENT 

Subordinate to him are several assistant attorneys-gen- 
eral, one of whom is detailed for service in the Interior 
Department and another for service in the Postoffice De- 
partment; also a Solicitor of the Treasury, who attends to 
some of the legal affairs of that department ; a Solicitor of 
the Internal Revenue, and an Examiner of Claims. The 
office of Attorney-General is one of the most important in 
the entire government, and it has been filled by some of the 
most eminent lawyers and statesmen of our country, among 
whom may be mentioned Theophilus Parsons, William 
Pinckney, Roger B. Taney, Caleb Cushing, Edwin M. 
Stanton and William M. Evarts. 

Agriculture. — The Department of Agriculture is of 
comparatively recent creation. It was organized in the 
year 1862, and in 1889 the Secretary of Agriculture became 
a member of the Cabinet. The particular duty of this de- 
partment is to take all necessary steps for promoting the 
agricultural interests of the country, which constitute the 
larger portion of the wealth of our people. To this end it 
maintains numerous bureaus for investigating the habits 
of insects and birds that injure the crops and determines 
the best method for the farmer to employ in order to pro- 
tect himself from these pests. 

It studies the various diseases with which cattle and 
horses are afflicted, and ascertains the causes and best 
methods of treating these evils, and protects the public 
from the sale of diseased meat, sometimes causing whole 
herds of cattle to be slaughtered in order to prevent the 
spread of contagious diseases. 

The department also conducts numerous agricultural ex- 
periments, such as raising silk worms, growing sorghum 
and beets for the manufacture of sugar, and testing seeds, 



EXECUTIVE DEPARTMENT BRANCHES 91 

that the best varieties may be distributed to the farmers. 

Weather Bureau. — The Weather Bureau, since the year 
1 89 1, has been a branch of this department. This bureau 
maintains several hundred stations located in various parts 
of the country, where meteorological observations are made 
daily, and upon them are based predictions as to the state 
of the weather for the ensuing twenty-four hours. The 
work of this bureau is exceedingly useful to the people, 
because thereby notice is given of the approach of storms 
likely to be dangerous to vessels and likely to affect im- 
portant commercial and agricultural interests. 

Commerce and Labor. — This department was created 
by the Act of Congress of February 14, 1903. Prior to 
that time there had been a Department of Labor, which was 
originally a bureau of the Interior Department, but was 
separated therefrom in 1888. 

The Department of Commerce and Labor has a large 
number of important interests under its control. Its prov- 
ince, by the Act of Congress creating it, is to foster and 
promote foreign and domestic commerce, mining, manu- 
facturing, shipping and fishery industries, the labor inter- 
ests and the transportation facilities of the United States. 

There have been transferred to it from the Treasury 
Department, the bureaus of navigation, immigration and 
statistics, the lighthouse establishment, coast survey and 
steamboat inspection service. 

From the Interior Department it receives the census 
office and all that pertains to it, and from the State Depart- 
ment it gets the bureau of Foreign Commerce, which is 
made a part of the Bureau of Statistics. This important 
bureau gathers and distributes under the direction of the 
Secretary of the Department statistical information natur- 
ally relating to the subjects confided to the Department. , 



92 FEDERAL GOVERNMENT 

The Department has a bureau of Manufactures to foster 
and promote the various manufacturing industries of the 
United States and markets for the same at home and abroad, 
and a bureau of Corporations which investigates the or- 
ganization, conduct and management of the business of 
corporations, joint stock companies and corporate com- 
binations engaged in commerce among the several states 
and with foreign nations and gathers such information as 
will enable the President to make recommendations to 
Congress for legislation concerning such matters. 

The former Department of Labor, the Fish Commission, 
the office of Commissioner of Fish and Fisheries, the seal, 
salmon and other fisheries of Alaska, the immigration of 
aliens and the exclusion of Chinese are all placed under the 
jurisdiction and control of this Department. 

Other Executive Officers. — This completes the list of 
the important branches of the executive department. 
There are several others, such as the Inter-State Commerce 
Commission, the Civil Service Commission and the Office 
of the Librarian of Congress, whose duties have been de- 
scribed elsewhere. Another is the Government Printing 
Office, which prints the numerous reports of the different 
branches of the government and publishes the proceedings 
of Congress, the head of which is appointed by the Presi- 
dent and is called the Government Printer. 

After this brief survey of the branches of the executive 
department the conclusion is readily reached that so far 
as the masses of the people are concerned, this de- 
partment, more than any of the others, represents the power 
of the government and the practical results of its workings. 
All of these departments are centralized in the President, 
who is directly responsible to the people for the manner in 
which he discharges the trusts imposed upon him. 



CHAPTER X. 

THE FEDERAL JUDICIARY. 

The history of our civil institutions has no more inter- 
esting and instructive part than that which relates to the 
origin, growth and development of our judicial system and 
its influence in shaping the destinies of our country. 

These judicial records contain accounts of the action and 
conduct of men individually and of social and political 
organizations under varying conditions. Sometimes the 
controversies arise from avarice and ambitious rivalry, 
sometimes prompted by the competition of trade, and at 
other times they emanate from political contentions in- 
volving discussions of principles of statecraft and interna- 
tional regulations of universal application. 

In ancient and mediaeval times, the courts of law were 
instruments of oppression and injustice quite as frequently 
as they were a protection to the rights of individuals, but 
in the judicial system of the United States we find that the 
framers of the Constitution secured results which had be- 
fore that time existed only in the theoretical and specula- 
tive writings of philosophers. 

By the creation of the Supreme Court there was effected 
a practically complete separation of the legislative, execu- 
tive and judicial departments of the government, a condi- 
tion to which we have now become so accustomed, as to 

(93) 



94 FEDERAL GOVERNMENT 

render it difficult for us to realize to what extent the few 
paragraphs of the Constitution producing this result have 
excited the admiration of political and philosophical stu- 
dents.* 

The Supreme Court. — So much has been written in 
praise of this institution of our government that it is diffi- 
cult to find language which will exceed in the extravagance 
of its terms the utterances of distinguished writers in Eu- 
rope and America upon this subject. In speaking of the 
Supreme Court of the United States, it has been said : 

"No product of government, either here or elsewhere, 
has ever approached it in grandeur. Within its appro- 
priate sphere it is absolute in authority. From its man- 
dates there is no appeal. Its decree is law. In dignity 
and moral influence it outranks all other judicial tribunals 
of the world. No court of either ancient or modern times 
was ever invested with such high prerogatives. Its jurisdic- 
tion extends over sovereign States, as well as the humblest 
individual. It is armed with the right, as well as the power, 
to annul in effect the statutes of a State whenever they are 
directed against the civil rights, the contracts, the currency 
or the intercourse of the people. 

"Secure in the tenure of its judges from the influence of 
politics and the violence of prejudice and passion, it pre- 
sents an example of judicial independence unattainable in 
any of the States and far beyond that of the highest court 
in England. Its judges are the sworn ministers of the 
Constitution and are the High Priests of Justice. Ac- 
knowledging no superior, and responsible to their con- 
sciences alone, they owe allegiance to the Constitution and 
to their own exalted sense of duty. No institution of 



♦See Bryce's American Commonwealth, Vol. I, Chap. 23. 



THE FEDERAL JUDICIARY 95 

purely human contrivance presents so many features calcu- 
lated to inspire both veneration and awe."* 

Notwithstanding what has been said as to the marvellous 
wisdom displayed by the framers of the Constitution in 
their creation of this system, it would be a mistake to sup- 
pose that they were guided solely by their own original 
ideas upon the subject. Their wisdom was displayed by 
the fortunate and harmonious manner in which they took 
advantage of all that was best in the judicial systems of 
the colonies and adopted every precaution necessary to 
protect the dignity and independence of the court. 

The Judicial System. — The judicial power is vested 
in one Supreme Court and in such inferior courts as Con- 
gress may, from time to time, establish. Under the power 
thus given to establish courts, Congress has created the 
Circuit Court of Appeals, the Circuit Court and the Dis- 
trict Court, which, speaking generally, comprise the judi- 
cial system of the United States, but in addition to these 
there are also the Court of Claims, the Supreme Court of 
the District of Columbia and the Territorial Courts, each 
of which will be described in its proper place. 

That judges may be secure in their tenure of office and 
free from all influences which would tend to hinder them in 
the impartial discharge of their duties, it is provided that 
they shall hold their office during good behavior. This 
means that an appointment to the position of Judge of any 
of the United States courts is for life, provided the incum- 
bent properly performs the duties of his office. He can be 
removed from office by impeachment proceedings only. 
The Constitution also provides that the judges shall receive 



♦Carson's History of the Supreme Court of the United States. 



96 FEDERAL GOVERNMENT 

for their services a compensation which shall not be dimin- 
ished during their continuance in office. Thus it appears 
that these two provisions place a judge of a Federal Court 
in an absolutely independent position, the first giving him 
practically a life tenure in office, and the second guarantee- 
ing him an income which cannot be diminished. 

The Federal Courts deal only with cases coming within 
the scope of the enumeration contained in the second sec- 
tion of the third article of the Constitution and these 
courts must not be confused with the courts which form a 
part of the government of each of the States, in which the 
ordinary disputes between citizens are settled. 

Jurisdiction. — Briefly stated, the courts of the United 
States have jurisdiction of the following classes of cases : 

i. All cases arising under the Constitution, laws and 
treaties of the United States. 

2. All cases affecting ambassadors, public ministers and 
consuls. 

3. All cases of admiralty and maritime jurisdiction. 

4. Controversies to which the United States shall be a 
party. 

5. Controversies between two or more States and between 
a State and the citizens of another State and between citi- 
zens of different States.* 

6. Controversies between citizens of the same State claim- 
ing lands under grants of different States. 

7. Controversies between a State, or the citizens thereof, 
and foreign states, citizens or subjects. 

In all cases affecting ambassadors, other public ministers 
and consuls and those in which a State shall be a party, 

♦The judicial power of the United States, although expressly extended to 
cases between a State and citizens of another State, has been modified by 
reason of the 11th amendment to the Constitution. See page 105. 



THE FEDERAL JUDICIARY 97 

the Supreme Court has original jurisdiction, by which is 
meant that such cases may be commenced in the Supreme 
Court. In all other cases, the action must be commenced 
in the lower courts, and the decision of the Supreme Court 
upon the question involved can be obtained only by appeal- 
ing from the decision of the inferior court; therefore, in 
these cases, the Supreme Court has appellate jurisdiction 
only. 

Criminal Cases. — Another paragraph of the third arti- 
cle of the Constitution provides that the trial of all crim- 
inal cases, except in cases of impeachment, shall be by jury, 
and that such trial shall be held in the State where the crime 
has been committed. This clause of the Constitution was 
designed for the protection of citizens in two particulars. 
It secured for all time the right of trial by jury in all crim- 
inal cases, a right which had often been withheld in former 
years by tyrannical kings of Great Britain and which the 
people of this country had come to prize most highly. It 
means simply that no one can be convicted of any crime 
unless he is found guilty by a jury composed of his fellow- 
citizens, who are selected in the manner required by law, 
and all of whom must be absolutely unprejudiced toward 
the accused before entering upon the trial. 

This paragraph of the Constitution also protects the citi- 
zen who is accused of committing a crime from the injustice 
of being sent for trial to a distant place, where he may be 
unknown and friendless, and therefore deprived of the bene- 
fit of his previous good reputation in his own neighborhood, 
and where he will be involved in additional expense and 
trouble in making his defense. 

Organization of the Supreme Court. — The Supreme 
Court of the United States was organized pursuant to 
a law enacted by Congress in the year 1789, known as 



98 FEDERAL GOVERNMENT 

the Judiciary Act, and at first was composed of one Chief 
Justice and five Associate Justices. Since that time changes 
have been made in the organization of the court as necessity 
has required, and it is now composed of one Chief Justice 
and eight Associate Justices. All of these judges are ap- 
pointed by the President, and, with good behavior, hold 
their respective offices for life ; they can be removed by im- 
peachment proceedings only. The court holds daily ses- 
sions, Saturdays and Sundays excepted, in the capitol build- 
ing at Washington, commencing in October of each year 
and continuing until the month of May, when it adjourns 
until the ensuing October. 

During the first years of its existence, the Supreme Court 
had but little work to do, and for many years not more than 
twenty-five cases were pending before it in each year; but 
within the last half century the business of the court has 
increased enormously. At the present time it disposes of 
several hundred cases annually. The Supreme Court stands 
at the head of the judicial system, and its decisions are final. 

District Courts. — A systematic explanation of the Fed- 
eral judicial system requires that we next consider the 
District Courts, which form the lowest grade. To secure 
the administration of justice, the United States is divided 
into judicial districts, of which there are seventy-four at the 
present time, but this number is subject to change as Con- 
gress may think proper. In some cases the boundaries of a 
judicial district are identical with those of a State ; in other 
cases, a State is divided into two or three districts. For 
example, Illinois is divided into two districts, while Maine 
constitutes a district by itself. In each of these districts a 
court is established and a judge appointed to preside over 
the same. 

The jurisdiction of the District Courts includes crimes 






THE FEDERAL JUDICIARY 99 

committed upon the high seas, all suits brought by officers 
of the United States, causes of action arising under the 
postal laws, all civil cases of admiralty and maritime juris- 
diction, suits brought by aliens for damages in violation of 
treaties or international laws, bankruptcy matters and a 
variety of other cases. 

Circuit Courts. — - The next step in the formation of the 
judicial system is the grouping of these districts into nine 
circuits, the number being identical with the number of 
Supreme Court Judges. In each circuit a court, called the 
Circuit Court, is established, and a Circuit Judge is ap- 
pointed. For the purpose of holding this court, a justice of 
the Supreme Court is designated for each of these circuits, 
and he is required by law to visit his circuit at certain inter- 
vals. The Circuit Court may be held by the judge of the 
Circuit Court, by a justice of the Supreme Court, by the 
judge of any District Court in the circuit, or by any two of 
them, or by all of them together. 

The Circuit Courts have jurisdiction over all cases where 
the amount in dispute exceeds $500 and the parties to the 
controversy are citizens of different States, all suits arising 
under the patent and copyright laws, certain cases arising 
under the revenue law, and over many of the subjects which 
are within the jurisdiction of the District Courts. A com- 
plete enumeration of the matters over which Circuit Courts 
of the United States have jurisdiction would be of little in- 
terest or use to beginners in the study of government ; there- 
fore, it will not be attempted. 

Circuit Court of Appeals. — The Circuit Court of 
Appeals was created by act of Congress in 1891, for the 
purpose of relieving the Supreme Court from the work of 
considering appeals from the District and Circuit Courts in 
all cases except those in which the jurisdiction of the court 

LcFC. . 



100 FEDERAL GOVERNMENT 

is in issue, final sentences and decrees in prize cases, convic- 
tions of capital and otherwise infamous crimes, cases involv- 
ing constitutional questions and cases in which the con- 
struction of a treaty is involved. In all other cases appeals 
from the District and Circuit Courts must be taken to the 
Circuit Court of Appeals. 

The law creating this court also provides for the appoint- 
ment of an additional judge in each of the circuits having 
the same power as Circuit judges of the United States, and 
receiving the same salary. This additional appointment is 
necessary in order to enable the Court of Appeals to prop- 
erly perform its work without taking the time of the Circuit 
and District judges from the performance of their duties, as 
already defined by law. 

The Circuit Court of Appeals consists of three judges and 
the justice of the Supreme Court assigned to each circuit. 
The Circuit judges within the circuit and the several Dis- 
trict judges within the circuit are all competent to sit as 
judges of the Circuit Court of Appeals. A session of this 
court is held annually in the principal city of each district. 

Other Courts. — The government of the District of Co- 
lumbia is under the control of Congress, and, to administer 
justice in this District, Congress has created a Supreme 
Court, which has jurisdiction of all crimes and offenses com- 
mitted within the District, of all civil cases between parties, 
both or either of whom shall be a resident or found within 
the District, of all actions of a civil nature, of all seizures on 
land or water, and of all penalties or forfeitures made, aris- 
ing or accruing under the laws of the United States. 

Congress has also created Territorial Courts, which exer- 
cise a general jurisdiction over civil and criminal matters 
in the several Territories. The judges of these courts are 
appointed by the President, and, generally speaking, per- 



THE FEDERAL JUDICIARY 101 

form duties similar to those of the judges of the various state 
courts. 

Besides the courts of justice which have already been de- 
scribed, there is a Court of Claims at Washington, whose 
duty it is to examine claims against the government for the 
payment of money in cases where there is a dispute. The 
creation of this court was a necessity, because no suit can be 
brought against the United States in any ordinary court. 
Nevertheless, there are numerous cases continually arising 
where justice requires that the claims of creditors of the 
government should be adjudicated and determined accord- 
ing to the rules of law, and to make suitable provision for 
this class of cases, the Court of Claims has been created. 



CHAPTER XL 

AMENDMENTS TO THE CONSTITUTION. 

One of the fundamental principles of a democratic form 
of government, as enunciated by the Declaration of Inde- 
pendence, is the right of the people, who are the source of 
all power, to alter the governmental requirements whenever 
it is necessary to do so, in order to accomplish more perfectly 
the objects for which the government exists. The Declara- 
tion of Independence also sets forth the right of the people 
tc abolish a government which fails to protect its subjects 
in the enjoyment of their rights of life, liberty and the pur- 
suit of happiness. It was because the English government 
was destructive of these ends, that our forefathers deter- 
mined to institute a new government, laying its foundations 
upon principles which tend to protect the rights and ensure 
the safety and happiness of the people. 

How the Constitution May Be Amended. — The 
right of the people of the United States to alter the form of 
their government is secured to them by the provisions of 
the Constitution relating to the amendment of that instru- 
ment. Amendments to the Constitution may be proposed 
by Congress whenever two-thirds of both Houses shall deem 
it advisable, or by a convention called for the purpose of 
proposing amendments. It is the duty of Congress to call 
such convention on the application of the legislatures of 
two thirds of the several States. Each amendment thus far 

(102) 



AMENDMENTS TO THE CONSTITUTION 103 

made to the Constitution has been proposed by the first 
method. 

After an amendment has been proposed, it must be sub- 
mitted for approval to the legislatures of the several States, 
or to conventions to be called in each State, according as 
one or the other mode of ratification may be proposed by 
Congress. An amendment must be ratified by three fourths 
of the States before it can become a part of the Constitu- 
tion. All amendments to the Constitution have been rati- 
fied by the first method, no convention ever having been 
called, either for proposing or ratifying amendments. 

Two restrictions upon the power of amendment were im- 
posed by the Constitution — one, owing to the final settle- 
ment of the controversy concerning slavery, is no longer a 
matter of interest ; the other provides that no State without 
its consent shall be deprived of its equal suffrage in the 
Senate.* 

Fifteen amendments to the Constitution have been made, 
although a larger number was considered during the period 
when the adoption of the Constitution was under discussion 
by the people of the several States. 

First Ten Amendments.— The first ten amendments 
were proposed in Congress during its first session, and went 
into effect December 15, 1791. These amendments were 
adopted because the Constitution contained no Bill of 
Rights, such as is set forth in the constitutions of most of 
the States.** 

A Bill of Rights may be defined as a declaratory statute 
setting forth certain inalienable rights of the people, in the 
enjoyment of which they are to be forever protected by the 



♦See Article V of Constitution. 

**Bryce's American Commonwealth, Vol. I, page 27. Fiske's Civil Gov- 
ernment, page 255. 



104 FEDERAL GOVERNMENT 

government, and thereby placing well defined restrictions 
upon the powers of the government and its officers. The 
term was first applied to the statute enacted by the English 
Parliament in the year 1689, containing the conditions, under 
which the crown of England was offered to William and 
Mary, Prince and Princess of Orange, after the abdication 
and flight of King James II. These conditions were ac- 
cepted, and ever since that time the Bill of Rights has 
formed a part of the constitution of Great Britain. It has 
exercised a most important influence upon the political in- 
stitutions of England, because, since its enactment, every 
sovereign of England has been compelled to base his claim 
to the throne upon some act of Parliament, thus effectually 
disposing of claims to rulership by virtue of divine or hered- 
itary rights.* 

The first ten amendments correspond in their terms to 
some of the provisions of the Bill of Rights, just described, 
but it is generally conceded that the language of the amend- 
ments is more forcible and concise than that of the Bill of 
Rights. These amendments secure to the people the right 
of freedom of religion, of speech and of the press, the right 
to assemble and petition the government for a redress of 
grievances, and the right to keep and bear arms and to be 
secure in their persons, houses and property, from unreason- 
able arrests, searches and seizures. The quartering of 
troops in the houses of citizens in time of peace is forbidden. 
The right of trial by jury in criminal and civil cases is guar- 
anteed, and in case of capital crimes, no person can be held 
answerable except on a presentment or indictment of a 
grand jury. A pefson cannot be put in jeopardy more than 
once for the same offense, and cannot be compelled to be a 



♦Green's History of the English People, Bk. VIII, Chap. III. 



AMENDMENTS TO THE CONSTITUTION 105 

witness against himself in any criminal case. The taking of 
private property for public use without just compensation 
is prohibited, excessive bail cannot be demanded, and cruel 
and unusual punishment must not be inflicted. 

The theory upon which our government is based is em- 
phasized by the ninth amendment, which declares that still 
other rights are retained by the people, whether enumerated 
in the Constitution or not, and further by the tenth amend- 
ment, which reserves to the States or to the people all pow- 
ers not expressly delegated by the Constitution to the gen- 
eral government nor prohibited by it to the States. 

Eleventh Amendment. — The eleventh amendment was 
proposed in Congress in 1794, but was not in force until 
January 8, 1798. The circumstances which led to the adop- 
tion of this amendment are worthy of notice, because its 
provisions place an important restriction upon the judicial 
power of the Federal Government* and enable a State to 
repudiate its debts if so disposed. 

In the year 1793, a citizen of North Carolina brought a 
suit against the State of Georgia, relying upon Section 2 of 
Article III. of the Constitution, by which a controversy be- 
tween a State and a citizen of another State is included 
within the judicial power of the United States. The court 
decided in favor of the citizen of North Carolina, but the 
decision caused so much dissatisfaction that the eleventh 
amendment was enacted so as to prevent a State from being 
sued against its will.** 

Twelfth Amendment. — The twelfth amendment orig- 
inated with Alexander Hamilton. It was proposed by Con- 
gress in 1803 and went into effect in 1804. This amend- 



*See Sec. 2, Article III, of Constitution. 

**This was the case of Chisholm v. The State of Georgia. 2 Dallas Report!, 
page 419. 



106 FEDERAL GOVERNMENT 

ment modified the method of voting by the electors for 
President and Vice President.* 

Originally the ballots of the electors did not designate the 
name of the person voted for as President and Vice Presi- 
dent, respectively, but each elector wrote on his ballot the 
names of two persons, only one of whom could be a resident 
of the same State as the elector. The candidate having the 
largest number of votes, provided it was a majority of the 
whole number cast, was elected President, and the person 
having the next largest number was elected Vice President. 

No inconvenience occurred in the use of this plan in the 
first two presidential elections, because Washington was the 
only candidate for President, and was the unanimous choice 
of the people for that office, but in 1796 the election was 
contested. John Adams was the candidate of the Federal- 
ists and Thomas Jefferson of the Anti-Federalists or Re- 
publicans.** 

In those days the electors exercised some individual dis- 
cretion and independence in voting and were not bound to 
vote for their party candidates to the same extent as at 
present. There were dissensions in the Federalist party, 
which prevented some of the electors chosen by that party 
from voting for Thomas Pinckney, their candidate for Vice 
President.*** As a result of these conditions, John Adams 
was chosen President, while his most bitter political oppo- 
nent, Thomas Jefferson, was elected Vice President.**** 

At the next election in 1800 the defects of the system then 
in use were again apparent. Thomas Jefferson and Aaron 



♦See Constitution, Article II, Sec. 1, Par. 3. 

**The Republican party of Jefferson's time must not be confused with the 
present party of that name. Jefferson is usually regarded as the founder of 
the present Democratic party. See Chapter XII. 

***Morse's Life of Jefferson, page 173. 

****The vote was: Adams, 71; Jefferson, 68; Pinckney, 59; Burr, 30, and 
the rest scattering. 



AMENDMENTS TO THE CONSTITUTION 107 

Burr were the candidates of the Republicans for President 
and Vice President, and each received an equal number of 
votes. There being no election by the electors, it devolved 
upon the House of Representatives to choose a President. 
So ardently was Jefferson hated by his political opponents 
that plans were formed by them and intrigues developed to 
prevent his election to the presidency, which at one time 
threatened the peace of the country. The controversy was 
finally settled by the election of Jefferson, but to prevent 
the recurrence of these dangers the twelfth amendment to 
the Constitution was adopted.* 

Thirteenth Amendment. — For the next sixty years 
no further amendment of the Constitution was found neces- 
sary, but with the close of the Civil War and the abolition of 
slavery in this country the necessity of embodying the re- 
sults of that struggle in the supreme law of the land caused 
the adoption of the thirteenth amendment, whereby neither 
slavery nor involuntary servitude is permitted to exist in the 
United States or any place subject to its jurisdiction. This 
amendment was proposed by Congress in February, 1865, 
and was promptly ratified by the requisite number of States, 
so that it went into effect in December of the same year. 

Fourteenth Amendment. — The fourteenth amendment 
was rendered necessary by the conditions which prevailed 
in the Southern States after the close of the Civil War, dur- 
ing what is known as the Reconstruction Period. During 
that period, these States enacted laws which almost had the 
effect of again reducing the negroes to slavery by imposing 
upon them harsh conditions, with which they must comply 
in order to live within these States, and inflicting upon them 
severe penalties for the violation of labor contracts. These 



*Morse's Life of Jefferson, Chap. XII, 



108 FEDERAL GOVERNMENT 

States also voted pensions to Confederate soldiers and their 
families, and filled important State offices with former offi- 
cers of the Confederacy. Such acts as these displayed a 
temper and disposition toward the Federal Government 
which required governmental restraint. 

Accordingly the fourteenth amendment was proposed by 
Congress June 16, 1866, and submitted to the States for 
ratification. The amendment is lengthy and only the sub- 
stance of it can be stated. It was intended to protect the 
negroes in their rights of citizenship, and substantially de- 
fines what is meant by citizenship in the United States, and 
prohibits the States from abridging the rights of citizens. If 
the right to vote is denied to any qualified voter, a corre- 
sponding reduction is made in the State's representation in 
Congress, and certain classes of persons who had been lead- 
ers in the Confederacy are made ineligible to hold national 
or state offices, until their disability has been removed by a 
vote of two thirds of each House of Congress. This amend- 
ment also secured the validity of the public debt of the 
United States, and forbade the recognition of any debt or 
liability incurred in aid of the Rebellion. 5 " 

Tennessee was the only one of the seceding states which 
promptly ratified this amendment, and, as a consequence, 
the Southern States were placed under military rule until 
such time as they saw fit to comply with certain conditions, 
among which was the ratification of this amendment. The 
fourteenth amendment went into effect July 28, 1868, having 
been ratified by the requisite number of States, including 
all of the seceding States except Virginia, Mississippi and 
Texas. These three States were required to ratify the four- 



*See Andrews' History of the United States— Vol. IV, pages 190-197 — for an 
account of the causes which led to the adoption of these amendments. 



AMENDMENTS TO THE CONSTITUTION 109 

teenth and fifteenth amendments before they could resume 
their place in the Federal Union. 

Fifteenth Amendment. — The fifteenth amendment 
became operative March 30, 1870. It was designed to still 
further protect the negroes in exercising the right to vote, 
and needs no detailed explanation. 



CHAPTER XII. 
POLITICS IN A DEMOCRACY. 

The word politics, in its broadest sense, means the science 
of government. It deals with the question of statecraft and 
the regulation of the public affairs of a nation, the preserva- 
tion of its safety, peace and prosperity, the defense of its 
rights and territory from foreign control and conquest, and 
the increase of its own strength and resources. One who 
is well versed in this science is a politician in the highest 
sense of the word. The word politician, as just defined, is 
synonymous with that of statesman. 

Both of these words have another and a narrower mean- 
ing. In the latter sense, politics means the management of 
a political party, the conduct of elections, the contests of 
parties relating to public questions and the selection and 
advancement of candidates for public office. 

Viewing politics in this sense, the word politician means a 
man who is devoted to the advancement of himself and his 
associates in public office and who strives for the success of 
the political party to which he belongs. 

Both words have still another signification, which is quite 
commonly attached to them, especially by persons who do 
not understand the real meaning of the terms. In a bad 
sense politics means the artful or dishonest management of 
public affairs with a view to securing the success of a par- 
ticular candidate or party, regardless of the welfare of the 
nation or State. It signifies political trickery. In this case, 

(HO) 



POLITICS IN A DEMOCRACY 111 

a politician means a man who makes it his principal business 
to be occupied with the management of political parties and 
who is ready to do anything which he believes to be for his 
own personal interest. 

Citizens living under a popular form of government 
should be interested in politics and public questions, that an 
enlightened public opinion may be created and maintained 
which will correct the faults of government, guide the acts 
of public officers and counteract the evils which are likely to 
result from the dishonest or incompetent management of 
public affairs. 

Discussion of political questions generally develops dif- 
ferences of opinion, even upon the simplest governmental 
propositions. This is followed by a union of those who 
think substantially alike upon questions at issue so as to 
secure the ascendency of their ideas and the election to 
public office of candidates who will carry out a particular 
political policy. In this way political parties are created 
and organized with acknowledged leaders and governed 
by well-defined rules in every state, city and municipality 
throughout the country. 

Political Parties and Their Origin. — Political par- 
ties are organizations of citizens, voluntarily formed in 
order to secure the success of particular candidates, and the 
triumph of certain party principles which are embodied in 
a statement called the party platform. 

Since the formation of our government, differences of 
opinion have existed among citizens upon governmental 
questions. Consequently the formation of political parties 
commenced with the first session of Congress held after the 
adoption of the Constitution, and the discussion of questions 
of taxation developed the issue upon which citizens divided. 
We have seen that the failure of government under the 



112 FEDERAL GOVERNMENT 

Articles of Confederation was due largely to the fact that the 
general government had no power to raise money by taxa- 
tion. Accordingly, one of the first problems which pre- 
sented itself to the new government was to devise a system 
of taxation which would secure sufficient revenue to meet 
the expenses of government, and at the same time would not 
prove too burdensome to an impoverished people. 

Hamilton's Measures. — Alexander Hamilton was the 
first Secretary of the Treasury and upon him developed the 
duty of solving the problem. The task was a delicate one, 
owing to the fact that many people had seriously opposed 
the adoption of the Constitution, because they feared that 
taxation under the Federal Government would be excessive 
and ruinous to citizens already overburdened with local 
taxes. 

The methods of taxation introduced by Hamilton were 
substantially the same as those employed at the present 
time — namely, duties on imported goods and internal reve- 
nue taxes upon a few articles of domestic production, such 
as whisky and tobacco. The system of indirect taxation, by 
levying a duty on imported goods, excited no opposition on 
the part of the people, because it is a tax which is paid in the 
form of an enhanced price placed upon the imported goods. 
This method of taxation has been constantly in use as a 
means of raising a national revenue, solely because the peo- 
ple who pay the taxes do not realize that they are doing so, 
and consequently make no complaint of the burdens of 
taxation. 

The system of internal revenue taxation devised by Ham- 
ilton provoked serious opposition from the outset, which 
culminated in the Whisky Rebellion in Western Pennsyl- 
vania. This insurrection was quelled by the Federal army, 



POLITICS IN A DEMOCRACY 113 

and thereafter the opposition adopted the more reasonable 
methods of discussion to accomplish its objects. 

The measures recommended to Congress by Alexander 
Hamilton covered a variety of subjects bearing upon the 
policy to be pursued by the new government, such as the 
raising and collection of revenue, estimates of the income 
and expenditures of the government, the regulation of the 
currency, navigation laws, the Post Office department and 
the public lands. Dealing more particularly with the finan- 
cial policy of the government, he devised the system of 
taxation already mentioned, made an exhaustive report upon 
the public credit, wherein he prepared a plan for refunding 
and finally paying the entire indebtedness of the United 
States, as well as the debts contracted by the different States 
during the Revolutionary War. 

Opposition to Hamilton's Policy. — The reports which 
Hamilton, in a comparatively short time, presented to 
Congress generally received the approval of that body, 
and, embodied in laws, formed a comprehensive system of 
public policy.* These measures were not adopted with- 
out serious discussion, which frequently developed bitter 
opposition, but this debate did not at first cause the for- 
mation of two well-defined and compact political parties, 
although such was the final result of the controversy. 

During Washington's administration the leadership of 
those opposed to the measures advocated by Hamilton came 
to be centered in Thomas Jefferson, Secretary of State. It 
is difficult to say exactly when this took place, but the differ- 
ences of opinion between these two statesmen began to be 
generally known in the winter of 1791-92. 

Express and Implied Powers. — The opposition to 
the public policy of Hamilton was based chiefly upon the 



♦Lodge's Life of Hamilton, Chapter V. 



114 FEDERAL GOVERNMENT 

argument that Congress did not have power under the Con- 
stitution to enact the measures which he recommended. 
The government of the United States possesses only those 
specific powers which are enumerated in the Constitution. 
When it is first proposed that the government shall exercise 
a particular power, the question is always raised as to 
whether or not the provisions of the Constitution will per- 
mit. 

Thus, when Hamilton recommended the establishment 
of a national bank, his opponents urged that the power 
of establishing and maintaining such an institution was not 
granted to the government by the Constitution. The sup- 
porters of Hamilton met this argument by asserting that in 
addition to the powers expressly enumerated in the Consti- 
tution, the government has certain implied powers. In 
support of their contention, they cited the provision of the 
Constitution, which gives to Congress authority to make 
all laws necessary and proper for carrying into effect the 
powers delegated to the general government, which is 
sometimes called the Elastic Clause of the Constitution. 

Federalists and Anti-Federalists. — The discussion be- 
tween Hamilton and his opponents, led by Jefferson and 
Madison, resulted in the formation of two political parties, 
representing two theories as to the proper construction of 
the Constitution. One of these parties, of which Hamilton 
was the leading representative, favored a "loose" construc- 
tion of the Constitution, giving to the government extensive 
implied powers. This was called the Federalist party. The 
members of the other party contended for a "strict" con- 
struction of the Constitution, allowing the general govern- 
ment to exercise only those powers which had been granted 
to it in specific terms. Jefferson was the acknowledged 



POLITICS IN A DEMOCRACY 115 

leader of this party. At first it was called the Anti-Federal- 
ist party, but within a few years it assumed the name Repub- 
lican. 

Successive Party Names. — Since the days of Jefferson 
and Hamilton the American people have been divided into 
two great parties along practically the same lines, although 
the names of the parties have been changed from time to 
time. The party founded by Hamilton was called Federal- 
ist until 1828, when for four years it was designated as the 
National Republican. In 1832 it became known as the 
Whig party, a name which endured until 1854, when it be- 
gan to be called the Republican party, the name which it 
bears to-day. The party of which Thomas Jefferson was 
the founder continued to use the name Republican until 
about 1828, and from that time to the present it has been 
called the Democratic party. 

Each of these parties, when in power, has been more or 
less inconsistent in applying to actual governmental 
problems the fundamental principles on which their re- 
spective organizations were based, but the history of our 
country shows that for the most part the differences between 
them may be traced to the original controversy between 
Hamilton and Jefferson. 

The study of the two great political parties of the present 
day is divided into two branches — the party organization 
and the nominating conventions. 

Party Organization. — The control of party affairs is 
vested in different committees, the members of which are 
chosen by the party through its representatives assembled in 
convention. The most important committee is the National 
Committee, which is made up of one representative from 
each of the States and Territories. This committee repre- 
sents the party in all national matters, attends to its inter- 



116 FEDERAL GOVERNMENT 

ests in presidential and congressional elections and calls to- 
gether the National Convention, designating the time and 
place for its meeting. 

Each party also has a State Committee, which, in some 
States, is composed of a representative from each county, 
and in others of a representative from each congressional 
district. This committee has general control of the affairs 
of the party throughout the State and calls together the 
State Conventions. 

In the same way, each party has a County Committee in 
every county. In every political division of the State, in- 
cluding cities, towns, villages, wards, congressional and 
legislative districts, there is a committee which looks after 
the interests of the party which it represents in all political 
matters within its jurisdiction. 

Generally speaking, political committees are charged with 
the duty of promoting the interests of their respective par- 
ties at all elections. They must raise the money with which 
to pay necessary expenses, see that all voters belonging to 
the party are registered, so that they can vote on election 
day, arrange for meetings at which their candidates can ad- 
dress the public, print and distribute such literature as will 
be beneficial to the party and its candidates, and in every 
way promote the interests committed to their care. 

Nominating Conventions. — All candidates for office are 
selected by nominating conventions, composed of delegates 
representing the different sections of the country, State, 
county, or city, as the case may be. For example, candi- 
dates for President and Vice President are nominated by the 
National Convention of each political party. A National 
Convention meets every four years. It is composed of dele- 
gates from all the States, each State sending twice as many 
delegates as it has representatives in the national Senate 



POLITICS IN A DEMOCRACY 117 

and House of Representatives. The National Convention 
frames and adopts a declaration of party principles called 
the party platform, and elects the members of the National 
Committee for the ensuing four years. 

State conventions meet as often as an election for state 
officers occurs. They are composed of delegates from the 
different counties of the State, the number of delegates from 
each county being dependent upon the number of votes 
cast for the party candidates at the last preceding general 
election. State conventions nominate candidates for State 
officers, adopt a party platform and provide for the election 
of a State Committee. 

The same principles are applied in selecting the commit- 
tees and holding the conventions in each of the political 
subdivisions into which the State is divided, so that 
throughout the entire country each party has a series of 
committees, each of which acts independently within its 
own territory, but which, taken together, constitute a com- 
plete and systematic organization. 

Primaries. — Delegates to the National Convention are 
generally chosen by the State conventions of the respective 
States, but delegates to all other conventions are selected 
by the members of the party which they represent, assem- 
bled in a mass-meeting called a caucus, or at elections held 
in the various precincts or election districts. Such an elec- 
tion is called primary and, generally speaking, it is held in 
the manner and under the conditions imposed by the elec- 
tion laws of the various States. 

By this method, every voter can participate in the election 
of delegates to the various nominating conventions and, 
through these delegates, has a voice in the election of can- 
didates for every office within the gift of the people. 

It is the duty of every good citizen, who is qualified to 



118 FEDERAL GOVERNMENT 

vote, to take part in primary elections and thereby help to 
secure the nomination of worthy candidates. 

It is the duty of every political party to make strenuous 
efforts to educate its members upon political subjects, to the 
end that they may comprehend the purpose and intent of 
the national and State Constitutions, as well as the spirit of 
the laws which give effect to their provisions. 

END OF PART ONE. 



APPENDIX "A." 

CONSTITUTION OF THE UNITED STATES. 

September 17, 1787. 

Preamble. — We, the people of the United States, in order to 
form a more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defense, promote the general wel- 
fare, and secure the blessings of liberty to ourselves and our 
posterity, do ordain and establish this constitution for the United 
States of America. 

ARTICLE I. 

1. All legislative powers herein granted shall be vested in a con- 
gress of the United States, which shall consist of a senate and house 
of representatives. 

2. First. The house of representatives shall be composed of 
members chosen every second year, by the people of the several 
states; and the electors in each state shall have the qualifications 
requisite for electors of the most numerous branch of the state 
legislature. 

Second. No person shall be a representative who shall not have 
attained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be an 
inhabitant of that state in which he shall be chosen. 

Third. Representatives and direct taxes shall be apportioned 
among the several states which may be included within this union, 
according to their respective numbers, which shall be determined 

U19) 



120 APPENDIX "A" 

by adding to the whole number of free persons, including those 
bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. The actual enumeration 
shall be made within three years after the first meeting of the con- 
gress of the United States, and within every subsequent term of 
ten years, in such manner as they shall by law direct. The number 
of representatives shall not exceed one for every 30,000, but each 
state shall have at least one representative; and until such enumera- 
tion shall be made, the state of New Hampshire shall be entitled tG 
choose three; Massachusetts, eight; Rhode Island and Providence 
Plantations, one; Connecticut, five; New York, six; New Jersey, four: 
Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten, 
North Carolina, five; South Carolina, five, and Georgia, three. — See 
14th Amendment. 

Fourth. When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of election to 
fill such vacancies. 

Fifth. The house of representatives shall choose their speaker 
and other officers, and shall have the sole power of impeachment. 

3. First. The senate of the United States shall be composed of 
two senators from each state, chosen by the legislature thereof, for 
six years; and each senator shall have one vote. 

Second. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided, as equally as may be, 
into three classes. The seats of the senators of the first class shall 
be vacated at the expiration of the second year; of the second class, 
at the expiration of the fourth year; and of the third class, at the 
expiration of the sixth year, so that one third may be chosen every 
second year; and if vacancies happen by resignation or otherwise, 
during the recess of the legislature of any state, the executive 
thereof may make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

Third. No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabitant 
of that state for which he shall be chosen. 

Fourth. The vice-president of the United States shall be presi- 
dent of the senate; but shall have no vote, unless they be equally 
divided. 



FEDERAL CONSTITUTION 121 

Fifth. The senate shall choose their other officers, and also a 
president pro tempore in the absence of the vice-president, or when 
he shall exercise the office of president of the United States. 

Sixth. The senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or 
affirmation. When the president of the United States is tried, the 
chief justice shall preside; and no person shall be convicted without 
the concurrence of two thirds of the members present. 

Seventh. Judgment, in cases of impeachment, shall not extend 
further than to removal from office, and disqualification to hold 
and enjoy any office of honor, trust or profit under the United 
States; but the party convicted shall, nevertheless, be liable and 
subject to indictment, trial, judgment and punishment, according 
to law. 

4. First. The times, places and manner of holding elections 
for senators and representatives shall be prescribed in each state by 
the legislature thereof; but the congress may, at any time, by law, 
make or alter such regulations, except as to the places of choosing 
senators. 

Second. The congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, unless 
they shall, by law, appoint a different day. 

5. First. Each house shall be the judge of the elections, returns 
and qualifications of its own members; and a majority of each shall 
constitute a quorum to do business; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner and under such 
penalties as each house may provide. 

Second. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the con- 
currence of two-thirds, expel a member. 

Third. Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as may, 
in their judgment, require secrecy; and the yeas and nays of the 
members of either house, on any question, shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Fourth. Neither house, during the session of congress, shall, 
without the consent of the other, adjourn for more than three days, 



122 APPENDIX "A" 

nor to any other place than that in which the two houses shall be 
sitting. 

6. First. The senators and representatives shall receive a com- 
pensation for their services, to be ascertained by law, and paid out 
of the treasury of the United States. They shall, in all cases, except 
treason, felony and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, 
and in going to or returning from the same; and for any speech or 
debate in either house, they shall not be questioned in any other 
place. 

Second. No senator or representative shall, during the time for 
which he was elected, be appointed to any civil office under the 
authority of the United States which shall have been created, or 
the emoluments whereof shall have been increased, during such 
time; and no person holding any office under the United States 
shall be a member of either house during his continuance in office. 

7. First. All bills for raising a revenue shall originate in the 
house of representatives; but the senate may propose or concur with 
amendments, as on other bills. 

Second. Every bill, which shall have passed the house of repre- 
sentatives and the senate, shall, before it becomes a law, be pre- 
sented to the president of the United States; if he approves, he shall 
sign it; but if not, he shall return it, with his objections, to that 
house in which it shall have originated, who shall enter the objec- 
tions at large on their journal, and proceed to reconsider it. If, 
after such reconsideration, two-thirds of that house shall agree to 
pass the bill, it shall be sent, together with the objections, to the 
other house, by which it shall likewise be reconsidered, and if 
approved by two-thirds of that house, it shall become a law. But 
in all such cases the votes of both houses shall be determined by 
yeas and nays; and the names of the persons voting for and against 
the bill, shall be entered on the journal of each house respec- 
tively. If any bill shall not be returned by the president within ten 
days (Sundays excepted) after it shall have been presented to him, 
the same shall be a law, in like manner as if he had signed it, unless 
the congress, by their adjournment, prevent its return; in which 
case, it shall not be a law. 

Third. Every order, resolution or vote, to which the concurrence 
of the senate and house of representatives may be necessary (ex- 



FEDERAL CONSTITUTION 123 

cept on a question of adjournment), shall be presented to the 
president of the United States; and before the same shall take 
effect, shall be approved by him, or being disapproved by him, 
shall be repassed by two-thirds of the senate and house of repre- 
sentatives, according to the rules and limitations prescribed in the 
case of a bill. 

8. The congress shall have power — 

First. To lay and collect taxes, duties, imposts and excises, to 
pay the debts, and provide for the common defense and general 
welfare of the United States; but all duties, imposts and excises 
shall be uniform throughout the United States: 

Second. To borrow money on the credit of the United States : 

Third. To regulate commerce with foreign nations, and among 
the several states, and with the Indian tribes: 

Fourth. To establish an uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies throughout the United 
States : 

Fifth. To coin money, regulate the value thereof, and of foreign 
coin, and to fix the standard of weights and measures: 

Sixth. To provide for the punishment of counterfeiting the 
securities and current coin of the United States: 

Seventh. To establish post offices and post roads: 

Eighth. To promote the progress of science and useful arts, by 
securing, for limited times, to authors and inventors, the exclusive 
right to their respective writings and discoveries: 

Ninth. To constitute tribunals inferior to the supreme court: To 
define and punish piracies and felonies committed on the high seas, 
and offenses against the law of nations: 

Tenth. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water: 

Eleventh. To raise and support armies; but no appropriation of 
money to that use shall be for a longer term than two years: 

Twelfth. To provide and maintain a navy: 

Thirteenth. To make rules for the government and regulation of 
the land and naval forces: 

Fourteenth. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions: 

Fifteenth. To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be employed 



124 APPENDIX "A" 

in the service of the United States, reserving to the states respec- 
tively the appointment of the officers, and the authority of training 
the militia according to the discipline prescribed by congress: 

Sixteenth. To exercise exclusive legislation in all cases whatso- 
ever over such district (not exceeding ten miles square) as may, by 
cession of particular states, and the acceptance of congress, become 
the seat of government of the United States, and to exercise like 
authority over all places purchased, by the consent of the legislature 
of the state in which the same shall be, for the erection of forts, i 
magazines, arsenals, dock yards, and other needful buildings: and 

Seventeenth. To make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, and all 
other powers vested by this constitution in the government of the 
United States, or in any department or officer thereof. 

9. First. The migration or importation of such persons as any of 
the states now existing shall think proper to admit, shall not be 
prohibited by the congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person. 

Second. The privilege of the writ of habeas corpus shall not be 
suspended, unless when, in cases of rebellion or invasion, the public 
safety may require it. 

Third. No bill of attainder or ex post facto law shall be passed. 

Fourth. No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed to 
be taken. 

Fifth. No tax or duty shall be laid on articles exported from any 
state. No preference shall be given, by any regulation of commerce 
or revenue, to the ports of one state over those of another; nor 
shall vessels bound to or from one state be obliged to enter, clear 
or pay duties in another. 

Sixth. No money shall be drawn from the treasury, but in conse- 
quence of appropriations made by law; and a regular statement and 
account of the receipts and expenditures of all public money shall 
be published from time to time. 

Seventh. No title of nobility shall be granted by the United 
States, and no person holding any office of profit or trust under 
them shall, without the consent of the congress, accept of any 



FEDERAL CONSTITUTION 125 

present, emolument, office or title of any kind whatever, from any 
king, prince, or foreign state. 

10. First. No state shall enter into any treaty, alliance or confed- 
eration; grant letters of marque and reprisal; coin money; emit bills 
of credit; make anything but gold and silver coin a tender in pay- 
ment of debts; pass any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts; or grant any title of nobility. 

Second. No state shall, without the consent of the congress, lay 
any imposts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; and the net 
produce of all duties and imposts, laid by any state on imports or 
exports, shall be for the use of the treasury of the United States, 
and all such laws shall be subject to the revision and control of the 
congress. No state shall, without the consent of congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another state or with a foreign 
power, or engage in war, unless actually invaded, or in such immi- 
nent danger as will not admit of delay. 

ARTICLE II. 

i. First. The executive power shall be vested in a president of 
the United States of America. He shall hold his office during the 
term of four years, and together with the vice-president, chosen for 
the same term, be elected as follows: 

Second. Each state shall appoint, in such manner as the legisla- 
ture thereof may direct, a number of electors, equal to the whole 
number of senators and representatives to which the state may be 
entitled in the congress; but no senator or representative, or person 
holding an office of trust or profit under the United States, shall 
be appointed an elector. 

Third. The electors shall meet in their respective states, and vote 
by ballot for tivo persons, of -whom one at least shall not be an inhab- 
itant of the same state with themselves. And they shall make a list of 
all the persons voted for, and of the number of votes for each; zvhich 
list they shall sign and certify, and transmit sealed to the seat of gov- 
ernment of the United States, directed to the president of the senate. 
The president of the senate shall, in the presence of the senate and 



126 APPENDIX "A" 

house of representatives, open all the certificates, and the votes shall 
then be counted. The person having- the greatest number of votes shall 
be the president, if such number be a majority of the zuhole number of 
electors appointed; and if there be more than one vuho have such ma- 
jority, and have an equal number of votes, then the house of repre- 
sentatives shall immediately choose, by ballot, one of them for presi- 
dent; and if no person have a majority, then from the five highest on 
the list the said house shall, in like manner, choose the president. But 
in choosing the president, the votes shall be taken by states, the repre- 
sentation from each state having one vote : a quorum for this pur- 
pose shall consist of a member or members from two-thirds of the 
states, and a majority of all the states shall be necessary to a choice. 
In every case after the choice of the president, the person having the 
greatest number of votes of the electors shall be the vice-president. 
But if there should remain two or more vuho have equal votes, the 
senate shall choose from them, by ballot, the vice-president. [The fore- 
going provisions were changed by the 12th Amendment. 

Fourth. The congress may determine the time of choosing the 
electors, and the day on which they shall give their votes; which ' 
day shall be the same throughout the United States. 

Fifth. No person except a natural born citizen, or a citizen of 
the United States at the time of the adoption of this constitution, 
shall be eligible to the office of president; neither shall any person 
be eligible to that office who shall not have attained to the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 

Sixth. In case of the removal of the president from office, or of 
his death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the vice- 
president, and the congress may, by law, provide for the case of 
removal, death, resignation, or inability, both of the president and 
vice-president, declaring what officer shall then act as president, 
and such officer shall act accordingly, until the disability be re- 
moved, or a president shall be elected. 

Seventh. The president shall, at stated times, receive for his serv- 
ices a compensation, which shall neither be increased or diminished 
during the period for which he shall have been elected, and he shall 
not receive v/ithin that period any other emolument from the United 
States or any of them. 



FEDERAL CONSTITUTION 127 

Eighth. Before he enters on the execution of his office he shall 
take the following oath or affirmation: 

I do solemnly swear (or affirm) that I will faithfully execute the office of 
president of the United States, and will, to the best of my ability, preserve, 
protect and defend the constitution of the United States. 

2. First The president shall be commander-in-chief of the army 
and navy of the United States, and of the militia of the several 
states, when called into the actual service of the United States. He 
may require the opinion, in writing, of the principal officer in each 
of the executive departments, upon any subject relating to the duties 
of their respective offices; and he shall have power to grant reprieves 
and pardons, for offenses against the United States, except in cases 
of impeachment. 

Second. He shall have power, by and with the advice and consent 
of the senate, to make treaties, provided two thirds of the senators 
present concur; and he shall nominate, and, by and with the advice 
and consent of the senate, shall appoint ambassadors, other public 
ministers and consuls, judges of the supreme court, and all other 
officers of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by law. But 
the congress may, by law, vest the appointment of such inferior 
officers, as they shall think proper, in the president alone, in the 
courts of law, or in the heads of departments. 

Third. The president shall have power to fill up all vacancies that 
may happen during the recess of the senate, by granting commis- 
sions, which shall expire at the end of their next session. 

3. He shall, from time to time, give to the congress information 
of the state of the Union; and recommend to their consideration 
such measures as he shall judge necessary and expedient. He may, 
on extraordinary occasions, convene both houses, or either of them, 
and in case of disagreement between them, with respect to the time 
of adjournment, he may adjourn them to such time as he shall think 
proper. He shall receive ambassadors and other public minister^. 
He shall take care that the laws be faithfully executed; and shall 
commission all officers of the United States. 

4. The president, vice-president, and all civil officers of the 
United States, shall be removed from office, on impeachment for 



128 APPENDIX "A" 

and conviction of treason, bribery, or other high crimes and misde- 
meanors. 

ARTICLE III. 

i. The judicial power of the United States shall be vested in one 
supreme court, and in such inferior courts as the congress may, 
from time to time, ordain and establish. The judges, both of 
the supreme and inferior courts, shall hold their offices during good 
behavior; and shall, at stated times, receive for their services a 
compensation, which shall not be diminished during their continu- 
ance in office. 

2. First. The judicial power shall extend to all cases, in law and 
equity, arising under this constitution, the laws of the United States, 
and treaties made, or which shall be made, under their authority; 
to all cases, affecting ambassadors, other public ministers and con- 
suls; to all cases of admiralty and maritime jurisdiction; to contro- 
versies to which the United States shall be a party; to controversies 
between two. or more states; between a state and citizens of another 
state; between citizens of different states; between citizens of the 
same state, claiming lands under grants of different states; and be- 
tween a state or the citizens thereof, and foreign states, citizens or 
subjects. 

Second. In all cases, affecting ambassadors, other public minis- 
ters, and consuls, and those in which a state shall be a party, the 
supreme court shall have original jurisdiction. In all the other 
cases before mentioned, the supreme court shall have appellate 
jurisdiction, both as to law and fact, with such exceptions and under 
such regulations as the congress shall make. 

Third. The trial of all crimes, except in cases of impeachment, 
shall be by jury; and such trials shall be held in the state where the 
said crimes shall have been committed; but when not committed 
within any state, the trial shall be at such place or places as the 
congress may by law have directed. 

3. First Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, o r 
on confession in open court. 



FEDERAL CONSTITUTION 129 

Second. The congress shall have power to declare the punishment 
of treason; but no attainder of treason shall work corruption of 
blood, or forfeiture except during the life of the person attainted. 

ARTICLE IV. 

1. Full faith and credit shall be given, in each state, to the public 
acts, records and judicial proceedings of every other state. And 
the congress may, by general laws, prescribe the manner in which 
such acts, records and proceedings shall be proved, and the effect 
thereof. 

2. First. The citizens of each state shall be entitled to all privi- 
leges and immunities of citizens in the several states. 

Second. A person charged in any state with treason, felony, or 
other crime, who shall flee from justice, and be found in another 
state, shall, on demand of the executive authority of the state from 
which he fled, be delivered up, to be removed to the state having 
jurisdiction of the crime. 

Third. No person held to service or labor in one state under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or labor; 
but shall be delivered up on claim of the party to whom such serv- 
ice or labor may be due. 

3. First. New states may be admitted by the congress of this 
Union; but no new state shall be formed or erected within the ju- 
risdiction of any other state, nor any state be formed by the junc- 
tion of two or more states, or parts of states, without the consent 
of the legislatures of the states concerned, as well as of the con- 
gress. 

Second. The congress shall have power to dispose of and make 
all needful rules and regulations respecting the territory or other « 
property belonging to the United States; and nothing in this con- 
stitution shall be so construed as to prejudice any claims of the 
United States or of any particular state. 

4. The United States shall guarantee to every state in this Union 
a republican form of government, and shall protect each of them 
against invasion; and on application of the legislature, or of the 



130 • APPENDIX "A" 

executive (when the legislature cannot be convened), against do- 
mestic violence. 

ARTICLE V. 

The congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this constitution; or, on 
the application of the legislatures of two-thirds of the several states, 
shall call a convention for proposing amendments, which, in either 
case, shall be valid to all intents and purposes, as part of this con- 
stitution, when ratified by the legislatures of three-fourths of the 
several states, or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be proposed by the con- 
gress: Provided, that no amendment which may be made prior to 
the year one thousand eight hundred and eight, shall in any man- 
ner affect the first and fourth clauses in the ninth section of ihe 
first article; and that no state, without its consent, shall be deprived 
of its equal suffrage in the senate. 

ARTICLE VI. 

i. First All debts contracted, and engagements entered into, be- 
fore the adoption of this constitution, shall be as valid against the 
United States, under this constitution, as under the confederation. 

Second. This constitution and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or which 
shall be made under authority of the United States, shall be the 
supreme law of the land; and the judges in every state shall be 
bound thereby; anything in the constitution or laws of any state 
to the contrary notwithstanding. 

Third. The senators and representatives before mentioned, and 
the members of the several state legislatures, and all executive and 
judicial officers, both of the United States and of the several 
states, shall be bound, by oath or affirmation, to support this con- 
stitution; but no religious test shall ever be required as a qualifica- 
tion to any office or public trust under the United States. 

ARTICLE VII. 
The ratification of the conventions of nine states shall be suffi- 



FEDERAL CONSTITUTION 131 

cient for the establishment of this constitution between the states 
so ratifying the same. 

Done in convention, by the unanimous consent of the states 
present, the seventeenth day of September, in the year of our Lord 
one thousand seven hundred and eighty-seven, and of the inde- 
pendence of the United States of America the twelfth. 

AMENDMENTS TO THE CONSTITUTION. 

I. Congress shall make no law respecting an establishment of re- 
ligion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech, or of the press; or the right of the people peace- 
ably to assemble, and to petition the government for a redress of 
grievances. 

II. A well regulated militia being necessary to the security of a 
free state, the right of the people to keep and bear arms shall not 
be infringed. 

III. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of war, but in a man- 
ner to be prescribed by law. 

IV. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated; and no warrants shall issue, but upon probable 
cause, supported by oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be seized. 

V. No person shall be held to answer for a capital, or other- 
wise infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, or in 
the militia, when in actual service, in time of war or public danger; 
nor shall any person be subject for the same offense to be twice 
put in jeopardy of life or limb; nor shall be compelled, in any crim- 
inal case, to be a witness against himself, nor be deprived of life, 
liberty or property, without due process of law; nor shall private 
property be taken for public use without just compensation. 

VI. In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the state 
and district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation; to be con- 



132 APPENDIX "A" 

fronted with the witnesses against him; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defense. 

VII. In suits at common law, where the value in controversy 
shall exceed $20, the right of trial by jury shall be preserved; and 
no fact tried by a jury shall be otherwise re-examined in any court 
of the United States, than according to the rules of the common 
law. 

VIII. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

IX. The enumeration, in the constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the 
people. 

X. The powers not delegated to the United States by the consti- 
tution, nor prohibited by it to the states, are reserved to the states 
respectively, or to the people. 

XI. The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or prose- 
cuted against one of the United States by citizens of another state, 
o r by citizens or subjects of any foreign state. 

XII. 1. The electors shall meet in their respective states and 
vote by ballot for president and vice-president, one of whom at 
least shall not be an inhabitant of the same state with themselves; 
they shall name in their ballots the person voted for as president, 
and in distinct ballots the person voted for as vice-president; and 
they shall make distinct lists of all persons voted for as president, 
and of all persons voted for as vice-president, and of the number 
of votes for each, which list they shall sign and certify, and trans- 
mit sealed to the seat of the government of the United States, di- 
rected to the president of the senate; the president of the senate 
shall, in the presence of the senate and house of representatives, 
open all the certificates, and the votes shall then be counted: the 
person having the greatest number of votes for president shall be 
the president, if such number be a majority of the whole number 
of electors appointed; and if no person have such majority, then 
from the persons having the highest numbers, not exceeding three, 
on the list of those voted for as president, the house of represent- 
atives shall choose immediately, by ballot, the president. But in 
choosing the president, the votes shall be taken by states, the rep- 



FEDERAL CONSTITUTION 133 

resentation from each state having one vote: a quorum for this pur- 
pose shall consist of a member or members from two-thirds of the 
states, and a majority of all the states shall be necessary to a 
choice. And if the house of representatives shall not choose a 
president whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the vice-presi- 
dent shall act as president, as in the case of the death or other con- 
stitutional disability of the president. 

2. The person having the greatest number of votes as vice-presi- 
dent, shall be the vice-president, if such number be a majority of 
the whole number of electors appointed; and if no person have a 
majority, then from the two highest numbers on the list the sen- 
ate shall choose a vice-president. A quorum for the purpose shall 
consist of two-thirds of the whole number of senators, and a ma- 
jority of the whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of presi- 
dent shall be eligible to that of vice-president of the United States. 

XIII. 1. Neither slavery nor involuntary servitude, except as a 
punishment for crime, whereof the party shall have been duly con- 
victed, shall exist within the United States, or any place subject to 
their jurisdiction. 

2. Congress shall have power to enforce this article by appropri- 
ate legislation. 

XIV. 1. All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United States 
and of the state wherein they reside. No state shall make or enforce 
any law which shall abridge the privileges or immunities of citizens 
of the United States, nor shall any state deprive any person of life, 
liberty or property, without due process of law, nor deny to any per- 
son within its jurisdiction the equal protection of the laws. 

2. Representatives shall be apportioned among the several states, 
according to their respective numbers, counting the whole number 
of persons in each state, excluding Indians not taxed. But when 
the right to vote at any election for the choice of electors for presi- 
dent and vice-president of the United States, representatives in con- 
gress, the executive and judicial officers of a state, or the members 
of the legislature thereof, is denied to any of the male inhabitants of 
such state being 21 years of age and citizens of the United States, 
or in any way abridged, except for participation in rebellion or other 



134 APPENDIX "A" 

crime, the basis of representation therein shall be reduced in the 
proportion which the number of such male citizens shall bear to 
the whole number of male citizens 21 years of age in such state. 

3. No person shall be a senator or representative in congress, 
or elector of president and vice-president, or hold any office, civil or 
military, under the United States, or under any state, who, having 
previously taken an oath as a member of congress, or as an officer 
of the United States, or as a member of any state legislature, or as 
an executive or judicial officer of any state, to support the constitu- 
tion of the United States, shall have engaged in insurrection or re- 
bellion against the same, or given aid or comfort to the enemies 
thereof. But congress may, by a vote of two-thirds of each house, 
remove such disability. 

4. The validity of the public debt of the United States, authorized 
by law, including debts incurred for payment of pensions and 
bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any state shall 
assume or pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for the loss or 
emancipation of any slave; but all such debts, obligations and 
claims shall be held illegal and void. 

5. The congress shall have power to enforce, by appropriate leg- 
islation, the provisions of this article. 

XV. 1. The right of citizens of the United States to vote shall 
not be denied or abridged by the United States or any state on ar- 
count of race, color or previous condition of servitude. 

2. The congress shall have power to enforce this article by appro- 
priate legislation. 



INDEX. 



Adams, J 80, 

Adjutant-General 

Africa 

Agora 

Agriculture, Department of 78, 

Secretary of 

Alaska . . . • 

Albany Convention 

Ambassadors and Ministers 

Different classes of 

Amendments to Constitution of 

United States 

America, Central 

America, South 

Andrews, E. B 

Annapolis 

Anti- Federalists 

Army, The 

Arthur, C. A 

Articles of Confederation 

Defects in 

Assemblies, Representative 

Asia 

Attorney-General 70, 

Baltic Sea 

Bankruptcy, National Law of . . . . 

Banks, National 

Barons* War 

Bill of Rights 

Definition of 

Blackstone, Sir W 

Boston Port Bill 

Boston, Town of 

Bryce, J 94, 

Bureau of Education 

Bureau of Geological Survey... 

Burr, A 

Cabinet, The 

Carpenter's Hall 



106 

84 

8 

11 

90 

86 

87 
38 

72 
72 

102 
14 
14 

108 
86 

114 
85 
51 
42 
42 
18 
8 
SO 
12 
63 
62 
20 
40 

103 

1 

39 

33 

103 



106 
78 
40 
(135 



Carson, H 95 

Charter, Definition of 28 

Charter Colonies 32 

Chief of Bureau of Statistics.... 84 

Chief of Engineers 85 

Chief Signal Officer 85 

Chisholm v. State of Georgia 105 

Circuit Courts of United States . . 99 

Civil Service Commission 91 

Civil Service Commissioners 81 

Civil Service Law, The 81 

Clan, The 3 

Colonies : 

Charter 31? 

Proprietary 33 

Royal 31 

Boundaries of Original 86 

Political Status of 34 

Comitia 11 

Commander in Chief 70 

Commerce : , 

Department of 91 

Regulation of 58 

Interstate f>9 

Commissary General 85 

Commissioner of Customs S3 

of Indian Affairs 8S 

of Internal Revenue 84 

of Labor 79 

of Navigation 84 

of Patents 88 

of Railroads 88 

Committees, Political 116 

Comptroller of Currency 83 

Concord 41 

Congress : 

Classification of Powers 66 

Express and Implied Powers 

of 113, 114 

) 



136 



INDEX 



Congress : 

Powers of 56-68 

Connecticut 32, 33, 34 

Constitution : 

Definition of 22 

Written 21 

Constitution of United States... 22 

Amendments to 102-109 

Elastic Clause 114 

Objections to adoption 45 

Construction and Repair* Bureau 

of 86 

Consuls 73 

Convention, The Constitutional.. 45 
Conventions : 

National 116 

Nominating 116 

Copyrights 63 

Corporation, Definition of 62 

Council, Governor's 33 

County Committee 116 

Courts, Federal 95 

Jurisdiction of 96 

Courts of United States: 

Territorial 100 

of Claims 101 

Supreme 53 

Jurisdiction of 53 

Circuit 99 

Circuit of Appeals 99 

District 98 

Crimes, Trial for 97 

"Critical Period of American His- 
tory, The" 44 

Cushing, C 90 

Custom House Duties 57 

Customs, Commissioner of 83 

Declaration of Independence 26 

Delaware 33, 34, 86 

Democratic party 115 

Department: 

of Agriculture 78, 90 

Commerce 91 

Interior 78, 86 

Justice 78, 89 

Labor 78, 91 

Navy 78, 8& 



Department : 

State 78, 81 

Treasury 78, 82 

War 78, 84 

Development, Governmental 5 

Director of Mint 84 

District Court of the United States 98 

District of Columbia 67, 100 

Dollar, Gold 60 

Duties 56 

Ecclesia 11 

Education, Bureau of 88 

Edward I., King of England 20 

Elbe 13 

Election of President 52 

Electoral College 62 

England 12 

Engineers, Chief of 85 

Equipment and Recruiting, Bu- 
reau of 85 

Evarts, W 90 

Examiner of Claims 90 

Excise 56 

Executive Department 51, 69 

Branches of 78 

Opinions of executive officers. TO 

Family, The S 

Federalist, The 68 

Federalists 114 

First Continental Congress 39 

Fish Commission 91 

Fiske, J 45, 103 

Florida 87 

Forum 11 

France 14, 87 

Franklin, B 38, 46, 47 

Freedom: 

Absolute . . . 2 - 

Meaning in governmental 

sense 5 

Froude, J 48 

Geological Survey, Bureau of . . . 88 
Generals: 

Brigadier 85 

Major 85 

Georgia SI, 106 

Gladstone, W *7 



INDEX 



137 



Gold: 

Certificates 61 

Coined 61 

Uncoined 61 

Government : 

Best form of 2 

Branches of 23 

Branches of federal 49 

Definition of 1 

Definition of popular 15 

Distinctive features of our. . 17 
General powers of federal... 24 

Limitations of state 25 

Necessity of 1 

Need of central 41 

Origin of representative 18 

Outline of federal 40 

Territorial 65, 66 

Tribal form of. 8 

Government, Colonial 28 

Change to state 34 

Government, Municipal 25 

Government Printing Office 91 

Grants, Colonial 31 

Greece 11 

Green, J. R 19, 30, 104 

"Greenbacks" 62 

Hamilton, A 46, 105, 112 

Henry III, King of England 119 

Holland 12 

Impeachment 75 

Definition of 75, 76 

Method of procedure 76 

Who liable to 75 

Indian Affairs, Commissioner of. 88 

Indian, American 8 

Indians 50 

Interior: 

Department of 78, S6 

Secretary of . 86 

Internal Revenue 57 

Commissioner of 84 

Interstate Commerce Commis- 
sion 59, 91 

Inspector General 84 

Jackson, A 80 



James II, King of England 104 

Jefferson, T 80, 106, 113 

John, King of England 29 

Judge Advocate General 85 

Judges : 

Federal, tenure of office 98 

of United States Supreme 

Court 98 

Judicial Department of United 

States 53 

Judicial System, Federal 93-101 

Judiciary Act 98 

Jurisdiction of Federal Courts ... 96 

Justice, Department of 78,89 

Labor: 

Department of 78, 91 

Commissioner of 79 

Law, Definition of 1 

Land Office- 
General 86 

Commissioner of 86 

Lexington 41 

Librarian of Congress 63, 91 

Lincoln, A 14 

Lodge, H 113 

Louisiana 87 

Madison, J 45, 46, 68 

Magna Charta 29 

Marshall, Chief Justice 62 

Martin, G 31 

Mary, Princess of Orange 104 

Maryland 33, 34, 86 

Massachusetts 32, 33, 34 

Massachusetts Bill 39 

Medicine and Surgery, Bureau of. 86 

Messages, President's 74 

Mexico 87 

Mississippi 108 

Monarchy, Absolute 6 

Definition of 9 

Powers of ruler 6 

Monarchy, Constitutional : 

Definition of 12 

Money: 

Borrowing 58 



138 



INDEX 



Money : 

Coining 60 

Definition of . . 60 

Various kinds of 60 

Montfort, Simon de, Earl of 

Leicester 20 

Morris, R. and G 46 

Morse, J.. 80, 106 

National Bank Notes 62 

National Committee 115 

National Republican Part}' 115 

Naturalization 64, 65 

Naval Academy 86 

Observatory 86 

Navigation, Bureau of 85 

Commissioner of 84 

Navy: 

Department 85 

Secretary of 85 

Negroes 107 

New Hampshire 31, 86 

New Jersey 31, 86 

New York 31 

North Carolina 31,105 

North Sea 12 

Norway 12 

Officers, Public: 

Agents of people 21 

Oligarchy : 

Definition of 10 

Ordnance, Bureau of 86 

Pacific Ocean 8 

Pacific Railroad Companies 88 

Paper Money 44 

Pardons: 

Definition of 71 

President 71 

Parliament, The Model 20 

Parsons, T 90 

Party Platform Ill, 117 

Patents and Copyrights 63 

Definition of 63 

Patents, Commissioner of 88 

Penn, W 34 

Pensions 88 

Bureau of 88 



Pensions : 

Commissioner of 88 

Pennsylvania 38, 34, 86, 112 

Philadelphia 45 

Pinckney, T 46, 106 

Pinckney, W 46, 90 

Political Committees 116 

Political Parties 111 

Organization 115 

Origin Ill 

Politics, Definition of 110 

Politician 110 

Postmaster-General 79, 89 

Postoffice Department 78, 89 

President of United States 

14, 51, 70, 75 

Commander in Chief 70 

His appointments 73 

Messages 74 

Method of electing 52 

Method of counting votes.... 52 

Powers 73 

Responsibility 75 

Primaries 117 

Proprietary Colonies 33 

Provisions and Clothing, Bureau 

of 86 

Public Lands 87 

Quartering Act 40 

Quartermaster-General 85 

Quebec Act 40 

Railroads, Commissioner of 88 

Randolph, J 46 

Reconstruction Period 107 

Register of Treasury 83 

Removals : 

by Impeachment 75 

by President 80 

Representation : 

History of Government by. . . 19 

Representatives : 

House of 50 

Reprieves 75 

Definition of 71 

President's » . . 71 



INDEX 



139 



Republic : 

Definition of 14 

Distinguished from all other 

governments 15 

Modern 13 

Origin of ancient 11 

Republican Party 115 

Rhode Island 32, 33, 34, 86 

Robinson Crusoe 1 

Rome 11 

Royal Colonies 31 

Russia 87 

Rutledge, J 46 

Second Continental Congress 41 

Secretary: 

of Agriculture 86 

of Interior 86 

of Navy 85 

of State 81 

of Treasury 82 

of War 84 

Senate, The 50 

Sherman, R 46 

Silver: 

Bullion 61 

Certificate 61 

Coin 61 

Solicitor of Internal Revenue 90 

Solicitor of Treasury 84, 90 

South Carolina 31 

Spain 87 

Speaker 50 

State Committee 116 

State : 

Department of 78, 81 

Secretary 81 

Statistics, Chief of Bureau of.... 84 

Stamp Act Congress 38 

Stanton, E 90 

Steam Engineering, Bureau of . . . . 86 

Story, Justice 35 

Superintendent: 

of Bureau of Printing and En- 
graving S4 

of Census 88 

of Life-Savings Service 84 

Supervising Architect 84 



Supreme Court: 

of United States 94 

Organization 97 

Surgeon-General 85 

Sweden 12 

Taney, R 90 

Tariff 57 

Tax, Definition of 56 

Taxation 112 

Federal 56 

Necessity of power in na- 
tional government 43 

of Colonies 38 

Taxes: 

Direct 58 

Indirect 57 

Tennessee 108 

Texas 108 

Townshend Acts 38 

Transportation Bill 39 

Treason, Definition of 54 

Treasury, The 82 

Department of 78, 82 

of United States 82 

Officers of * 82, 83, 84 

Secretary of 82 

Treasury Notes 61 

Treaties 71 

Approval of 71 

Definition of 71 

Mode of Negotiating 71 

Tribe, The 4 

Formation of 4 

Mode of Life 5 

Value, Standard of 60 

Venice 11 

Virginia 31 

War: 

Bureaus of department S4 

Department of 84 

Secretary of 84 

Washington, D. C 50, 86, 98 

Washington, G 46, 106, 113 

Weather Bureau 91 

Whig Party 115 

Whisky Rebellion 112 

William, Prince of Orange 104 

Yards and Docks, Bureau of 85 



AUG 29 1903 



